1. Revocation of the first instance judgment.

2. The case is remanded to the first instance court.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a juristic person established under the Framework Act on the Construction Industry to promote autonomous economic activities through mutual cooperative organizations between constructors and to support various guarantees and financing necessary for carrying on construction business. Defendant Company is a juristic person established for the purpose of carrying on steel reinforced concrete construction business. Defendant C is a representative director of Defendant Company.

B. On June 21, 2001, the Plaintiff entered into a limit trading agreement between the Defendant Company to use various guarantees and loans necessary for running a construction business within a certain limit, and the Defendant C jointly and severally guaranteed the obligation of indemnity to be borne by the Defendant Company against the Plaintiff pursuant to the said limit trading agreement.

C. On March 25, 2002, the Plaintiff entered into an individual guarantee agreement with the Defendant Company on the basis of the above-limit trading agreement as follows.

The name of construction: The guarantee creditor of the type frame and the steel-line construction among the construction of Busan D apartment: The guarantee amount of KRW 323,600,000: the guarantee amount of KRW 323,60,000: from February 19, 2002 to January 29, 2004.

Defendant Company above C

Upon suspending the construction work described in the paragraph, E Co., Ltd. claimed the Plaintiff to discharge the guaranteed obligation, and accordingly, on February 25, 2003, the Plaintiff paid KRW 234,33,200 to E Co., Ltd. in accordance with the above individual guarantee agreement, and the amount of KRW 67,834,946 out of which was not recovered from the Defendants.

(B) The Plaintiff’s claim amounting to KRW 67,834,946 against the Defendants (hereinafter “instant unpaid claim”). E.

On July 4, 2007, the plaintiff filed a lawsuit against the defendants against the Seoul Central District Court 2007Da250522, which is the claim for the amount of unclaimed bonds of this case. The above court calculated the plaintiff on December 18, 2007 by the rate of 5% per annum from February 26, 2003 to October 5, 2007 and the rate of 20% per annum from the next day to the date of complete payment.