1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C leased 900 or more of the three floors of the building of the Seoul Jung-gu D shopping center, Jung-gu, Incheon, and promoted the opening of the E-Sari (hereinafter “Sariin”).

B. On September 21, 2004, the Plaintiff lent KRW 100 million to C as the instant private loan or opening business fund. To secure this, the Plaintiff entered into a share transfer contract under which C shall transfer KRW 20 million of the instant private loan or equity to the Plaintiff at KRW 100 million (hereinafter “instant share transfer contract”), and upon repayment by December 20, 204 to the Plaintiff by December 20, 2004, the said share transfer contract becomes null and void, and if the Plaintiff failed to pay by December 20, 204, it agreed to transfer KRW 20% of the instant private loan or equity interest.

On the other hand, the Defendant guaranteed C’s instant loan obligations against the Plaintiff.

C. On January 7, 2005, C commenced the business of the instant friendship, but around July 2005, C transferred its operating right to the claim group due to the shortage of funds, and the Plaintiff was transferred 20% of the instant friendship or equity by C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 5 and 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition as to the occurrence of the guaranteed obligation, the Defendant is obligated to pay the Plaintiff KRW 100 million as the guarantor of the instant loan obligation, unless there are special circumstances.

B. On January 10, 2005, the Plaintiff and C entered into a contract with the Plaintiff on January 10, 2005, under which the Plaintiff and C transferred 20% of the instant friendship or equity interest of KRW 450 million to the Plaintiff. The said payment includes KRW 100 million of the instant loan and interest on KRW 50 million, and the said contract constitutes a novation under the law that amends the terms and conditions of the agreement on the transfer of equity interest, and thus, the said agreement constitutes the foregoing agreement, and thus, the obligation of the instant loan was extinguished.

B. C fails to repay the debt of this case by the due date.