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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. MND Co., Ltd. (hereinafter referred to as “MND”) implemented the new construction and sale project of Suwon-si and six other above ground C on the ground (hereinafter referred to as “instant commercial building”).
B. On August 5, 2004, Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) and IMD entered into a business agreement with the Seoul Mutual Savings Bank (hereinafter “instant business agreement”) to provide part-time loans to buyers of the instant commercial buildings for a period of 12 months from the date the period of loan is handled, and MND, etc. provide joint and several suretiess’ loan obligations. If sales contract is invalidated, cancelled, or terminated, multiple buyers’ loan will lose the due interest and the sales price to be refunded to the buyer shall be preferentially allocated to the part-time installment loan obligations to the Seoul Mutual Savings Bank (hereinafter “instant business agreement”).
C. D on August 19, 2004, sold 3005 of the instant commercial buildings from MND (hereinafter “instant sales contract”).
After that, on August 27, 2004, D borrowed KRW 230,880,000 from Seoul Mutual Savings Bank for the payment of intermediate payment pursuant to the instant sales contract. At this time, MND and E, a Sindi, jointly and severally, guaranteed D’s loan obligations (hereinafter “instant loan obligations”) pursuant to the instant business agreement.
Around December 2005, the Defendant succeeded to the status of the buyer of the instant commercial building as to No. 3005 from D, and around April 5, 2006, the Defendant took over D’s loan obligation against Seoul Mutual Savings Bank as a discharge.
E. Around 2006, the Defendant and MND renounced the down payment paid by the Defendant at the time of the instant sales contract, and cancelled the instant sales contract with the purport that MND will be liable for the debt of the instant loan. The instant sales contract was cancelled on April 17, 2007 with the Seoul Mutual Savings Bank.