1. Revocation of the first instance judgment.

2. All the plaintiff's primary claim and the conjunctive claim added at the trial.

1. Basic facts

A. Before the Plaintiff’s change, the Plaintiff’s trade name was changed into the KNF Financial Branch Co., Ltd., and the name on August 1, 2014, merged the Gyeongnam Bank Co., Ltd. prior to the merger into the Gyeongnam Bank, and comprehensively transferred the status of creditors as to the Defendant and the designated parties.

(B) Therefore, there is no practical benefit to distinguish between the Gyeongnam Bank and the plaintiff before the merger.

The Plaintiff loaned KRW 100 million each to the Defendant on March 3, 2006 and July 8, 2008, respectively, as of February 6, 2010 and June 30, 2013 (hereinafter “each of the instant loans claims”), respectively, to the Defendant on July 8, 2008, at the time of the said contract, the designated parties jointly and severally guaranteed the Defendant’s loan obligations against the Plaintiff on July 8, 2008.

C. The Plaintiff had the Defendant issued a credit guarantee certificate with the guaranteed amount of KRW 85 million from the Korea Credit Guarantee Fund with respect to the loan claims as of July 8, 2008 of the instant loan claims. On September 29, 2009, the Plaintiff received 86,082,876 out of the loan claims as of July 8, 2008 from the Korea Credit Guarantee Fund by subrogation.

Since then, the Plaintiff filed an application for voluntary auction of real estate (hereinafter “instant auction”) with the Changwon District Court C with regard to the land for factory and building B (hereinafter “the instant real estate”) in Haan-gun, Chungcheongnam-gun, the Defendant owned by the Defendant, with the claim claim regarding each of the instant loans. On October 26, 2010, the Plaintiff received the total amount of KRW 413,91,478, which is the claim amount at that time.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, Eul's 4 and 5 evidence (including various numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main claim

A. On October 26, 2010, the Plaintiff asserted by the parties 1, the Plaintiff received dividends of KRW 413,91,478, which is the amount of the claim at the time of the voluntary auction procedure of the instant real estate in the distribution schedule, but was fully distributed under the distribution schedule.