1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

Basic Facts

The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is an institution established under Article 36-3 of the Depositor Protection Act, which is a party’s status and manages the business of taking over and recovering non-performing loans of financial institutions funded by the Korea Deposit Insurance Corporation established under Article 3 of the same Act.

Defendant Woori Bank Co., Ltd. (hereinafter “Defendant Bank”) is a financial institution that operates all banking business as provided by the Banking Act and operates trust business concurrently.

Plaintiff

On April 18, 1998, the claim E with respect to the company C received a loan from the bankrupt Korea Mutual Savings and Finance Company (hereinafter referred to as the "Mutual Savings and Finance Company"), and F and C jointly guaranteed the above loan obligations to the Mutual Savings and Finance Company E.

On May 24, 2005, the Chungcheong Mutual Savings and Finance Company filed a lawsuit against E, F, and C seeking the payment of the above loan (Seoul District Court 2005Da7372). In the above case, the court sentenced on May 24, 2005 that “E, F, and C shall jointly and severally pay to the Chungcheong Mutual Savings and Finance Company 97,858,254 won and 338,406,200 won with 25% interest per annum from October 27, 2004 to the date of full payment,” and the above judgment became final and conclusive at that time.

Since then, on March 31, 2006, the Chungcheong Mutual Savings and Finance Company transferred the above loans to the plaintiff company on March 31, 2006, to E, F, and C, and notified the transfer of claims to E, F, and C around that time.

Plaintiff

A company applied for the payment order against E,F, and C for the payment order, and in the above case, the payment order was issued on October 27, 2004 to the effect that “E, F, and C shall jointly and severally pay to the Plaintiff KRW 97,858,254 and KRW 338,406,200 per annum from October 27, 2004 to the date of full payment.” The payment order was finalized on June 22, 2015.

C.