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1. The part of the judgment of the first instance against the defendant shall be revoked.
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. Basic facts
A. The status C Co., Ltd. (hereinafter referred to as “C”) is the executor of the business that newly constructs and sells the Gangseo-gu Busan Metropolitan Government D apartment (hereinafter referred to as “instant apartment”) and the E Co., Ltd. (hereinafter referred to as “E”) is the contractor of the instant apartment, and the Defendant is the buyer who entered into a sales contract with respect to the instant apartment F.
B. On April 23, 2008, the Plaintiff entered into an agreement with G Co., Ltd. (hereinafter “G”), C, and E on the part payment of part payments by the buyer of the instant apartment, and entered into an interest payment guarantee agreement. The main contents of the said agreement are as follows.
The business agreement (for the purpose of mid-term loan handling), G Co., Ltd. (hereinafter referred to as “A”), C Co., Ltd. (hereinafter referred to as “B”), E Co., Ltd. (hereinafter referred to as “B”), and A Co., Ltd. (hereinafter referred to as “B”), shall enter into force “B” and conclude the following agreements with respect to apartments supplied to the buyer of the sale of the Gangseo-gu Busan Metropolitan Government D Apartment (including those who purchased the apartment with the consent of “A” and “B”; hereinafter referred to as “B”) for the purpose of lending part payments:
Article 1 (Subjects and Subjects of Loans) (1) Those subject to loans handled by “A” shall be those who are deemed eligible for loans from among “B”.
Article 3 (Loan Interest Rate, etc.) (2) The loan interest rate for “B” is the preferential payment rate by the time the real estate mortgage loan is exchanged.
Article 5 (Payment of Loans) The term "A" shall refer to the loans dealt with under this Agreement to the account of sales revenue for each block of "B".
Article 6 (Joint Guarantee) ① “B” and “A” shall be all expenses incurred in relation to the principal, interest, overdue interest, legal procedures, etc. of the loan.