1. On September 18, 2008, the plaintiff's obligation under the joint and several surety contract against the defendant does not exist.

1. Basic facts

A. The creditor and the mortgagee, Korea Savings Bank Co., Ltd. (Korean Savings Bank Co., Ltd. prior to the change; hereinafter “Korea Savings Bank”), the debtor B, the mortgagee of the right to collateral security, the plaintiff, the maximum debt amount of 616,00,000,000 won, and the real estate indicated on the attached real estate (hereinafter “the instant real estate”) as indicated on the mortgage (hereinafter “the instant real estate”), were prepared as of August 13, 2008. As to the instant real estate owned by the plaintiff on August 13, 2008, the mortgage agreement was completed on August 13, 2008 by the Seoul Western District Court received on August 51767, 208, the establishment registration of the mortgage (hereinafter “instant mortgage agreement”).

B. B and the Korea Savings Bank entered into a credit transaction agreement of KRW 439,000,000 on September 18, 2008, with the limit of KRW 439,000,000, the contract was made up by the debtor B, the plaintiff as joint and several surety, the limit of KRW 616,00,000 (Evidence A; hereinafter referred to as the “instant guarantee contract”).

C. B and the Korea Savings Bank entered into an extension contract on September 8, 2009 on the extension of the due date of credit transaction agreement dated September 18, 2008, and the Plaintiff entered into an application for the extension of the due date of credit (No. 11-1, hereinafter “application for the extension of the due date of this case”) recorded as joint and several sureties. D.

On April 30, 2013, the Korea Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap47, and the defendant taken over the litigation procedure of this case as the trustee in bankruptcy of the Korea Savings Bank.

[Grounds for Recognition] Facts without dispute, entry of Gap evidence 1 to 5, 11 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff alleged by the parties did not enter into a guarantee agreement or a mortgage contract with the Korea Savings Bank, and the contract to establish the instant guarantee agreement and the mortgage contract are the plaintiff.