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All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
Reasons
1. As to Defendant B’s ground of appeal
A. As to the grounds of appeal Nos. 1, 2, 4, and 5 (1) of the Act, the court shall determine whether a factual assertion is true in accordance with logical and empirical rules based on the ideology of social justice and equity by free evaluation of evidence, taking into account the overall purport of the pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The fact that the judgment of the court below did not exceed the bounds of the principle of free evaluation of evidence
(Article 432) (2) The lower court determined to the following purport on the grounds stated in its reasoning.
(A) Defendant A (hereinafter “Defendant A”) entered into a credit transaction agreement and received loans from the Promotion Mutual Savings Bank Co., Ltd. on four occasions from June 13, 2006 to September 5, 2008 (hereinafter “instant loans”). ② This is part of the loans that Defendant A received from a mutual savings bank, Korea Mutual Savings Bank, Korea Mutual Savings Bank, and Gyeonggi Mutual Savings Bank (hereinafter “Korea Savings Bank”) that promote funds necessary for real estate development projects as a special purpose corporation established by the real estate development projects as indicated in the judgment of the court below. Defendant B, as the representative of the Defendant Company, jointly and severally guaranteed the instant loans. ③ The Defendant Company independently promoted its business with expertise and expertise in raising funds necessary for real estate development projects as indicated in the judgment. The Korea Savings Bank and the Korea Savings Bank agreed to collect the loans first among its profits and distribute the remainder in proportion to their mutual equity ratio. ④ The data are insufficient to deem that the Defendant Company’s management decision-making authority was entirely limited to the Korea Savings Bank.
(B) Circumstances and evidence in its holding, including the above circumstances.