1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

The Defendant had conducted the business (hereinafter “instant business”) that newly built and sold “I” commercial buildings on the ground (hereinafter “I”) on the land outside H of Suwon-si, Suwon-si and six parcels (hereinafter “I”).

On March 5, 2004, the Defendant concluded a business agreement (hereinafter “instant loan business agreement”) with Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”), Postal Service Construction Co., Ltd. (hereinafter “Co., Ltd.), and Daol Real Estate Trust (hereinafter “Daol Real Estate Trust”), with respect to part payments loans to buyers, and the Defendant and the Postal Construction Co., Ltd. (hereinafter “instant loan business agreement”) jointly and severally guaranteed the principal and interest of part payments owed by buyers.

On April 30, 204, Co-Defendant A of the first instance trial (hereinafter referred to as the "A") entered into a sales contract with the defendant on April 30, 2004 to purchase the first floor No. 49 (1049), KRW 104,669,989, and KRW 11 (2011) among the commercial buildings of this case to purchase the second floor No. 104,669,989, and KRW 13 (2013) among the commercial buildings of this case to purchase the second floor No. 110,013,671, respectively (hereinafter referred to as the "first sales contract of this case"), and entered into a sales contract with the Seoul Mutual Savings Bank to pay the intermediate payment pursuant to the above sales contract by adding the loans of KRW 47,040,00 on August 13, 200, KRW 47,004 to 2030,00 each of the above loans (hereinafter referred to as "the above loans").

On July 26, 2004, the J concluded a contract for the sale of the instant second floor (2012) with the Defendant to purchase the sale price of KRW 131,015,038 (hereinafter “instant second unit sale contract”) and concluded a loan with the Seoul Mutual Savings Bank for the payment of the intermediate payment under the said sale contract by setting the amount of KRW 18,890,000 on August 13, 2004 with the Seoul Mutual Savings Bank at the rate of 23% per annum (hereinafter “the instant second unit sale contract”).