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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for adding the following judgments to the Defendant’s new argument at this court, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The defendant alleged that the plaintiff and the Korean bank did not cause any damage to the plaintiff if the plaintiff and the Korean bank conducted on-site investigations or established a pledge on the claim for return of deposit money, and that the plaintiff is exempted from the plaintiff's liability for guarantee if the plaintiff did not acquire any security or acquired any defective security due to the reasons attributable to the bank even though the bank could have acquired the security under the criteria for exemption from the contract for entrustment of housing finance credit concluded between the plaintiff and the Korean bank. However, the circumstance alleged by the defendant is merely a problem between the plaintiff and the Korean bank, and it is difficult to view that the circumstance alleged by the defendant is a circumstance to deny the establishment of the defendant's liability for tort
B. The defendant, in the criteria for exemption from a contract for a housing financial credit guarantee contract concluded between the plaintiff and the Korean bank, provides that if the guaranteed loan becomes impossible to recover due to the intention or gross negligence of the Korean bank, the plaintiff's liability for guarantee shall be exempted, and the plaintiff's personal guarantee provisions and the standards for conducting loan guarantee business shall make a substantial investigation to confirm the lease contract. Since the collection of the loan is impossible due to gross negligence which the Korean bank did not conduct a field investigation, it is exempt from the plaintiff's liability for guarantee, the plaintiff's damage and the fraudulent act of this case.