1. The plaintiff's claim against the defendant-appellant is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 8, 10, 11 and Eul evidence No. 1 (including each number in case of additional numbers).

On December 5, 2005, the debtor B Co., Ltd. (hereinafter referred to as the "B") filed an application with the defendant for a joint and several guarantee of representative director D and a loan of this case real estate owned by the plaintiff as a security. Accordingly, on December 6, 2005, the plaintiff entered into a mortgage agreement with the defendant as to the real estate of this case, which is equivalent to B and the maximum debt amount of 390 million won (hereinafter referred to as the "mortgage agreement of this case"), and completed the registration of creation of a mortgage of this case in the name of the defendant on the same day

B. On December 12, 2005, the Defendant entered into a credit transaction agreement between B and B with the credit subject (i.e., automatic passbook loan), transaction classification limit, credit limit amounting to 100 million won, and credit period from December 12, 2005 to December 12, 2006. The above D guaranteed the above debt amount of B on the same day. The Defendant and B concluded a credit transaction additional agreement on March 15, 2006 and increased the credit limit amount to 30 million won (hereinafter collectively, the above credit transaction agreement). The first credit transaction agreement guarantees the above debt amount to 390 million won on the same day with the credit limit amount to 390 million won on the same day, and the first credit transaction agreement was finally renewed for each maturity and renewed on December 29, 2008.

C. On August 25, 2009, the Defendant received 297,670,686 won from B prior to the maturity date of the first credit transaction agreement. On the same day, the Defendant entered into a credit transaction agreement (hereinafter referred to as the “second credit transaction agreement”) with B and the credit company’s general loan of loans, individual transaction classification, credit limit amounting to 50,000,000 won, and credit period from August 25, 2009 to August 25, 2010.

The defendant.