1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. 1) Scar Construction Co., Ltd. (hereinafter “Scar Construction”)

) The building is the building B, C Ground 2, and ground 5 (hereinafter referred to as the “instant building”) in Seoan-gu, Seoan-gu, Seoan-gu.

(2) On July 19, 2010, the Plaintiff is a new construction company of the instant building that was awarded a contract for the new construction of the instant building from the Scar Construction. The Defendant is a creditor who leased the instant building totaling KRW 100 million to the Scar Construction from June 1, 2008 to August 30, 2009. 2) The instant building, which was completed, consists of 101 ( underground first floor), 101, 101 through 110 ( underground second floor), 101, 201 through 110, 204, 201 through 204, 301 through 304, 301 through 304 (second floor), 401 through 404, 501 and 502 (second floor).

B. On July 22, 2010, the Plaintiff’s acquisition of ownership on the instant building 1) Scar Construction is a Samsung Mutual Savings Bank Co., Ltd. (hereinafter “Teosung Mutual Savings Bank”).

(2) On December 6, 2010, the Plaintiff received a loan of KRW 4.8 billion from Scar Construction, and the Plaintiff jointly and severally guaranteed the above loan obligations of Scar Construction. (2) The Plaintiff filed an application with the Suwon District Court 2010No. 143 against Scar Construction for the damages of interest due to nonperformance of the loan obligations to Scar Mutual Savings Bank, thereby making a settlement with the Plaintiff with the main content of transferring the ownership, etc. of the instant building to the Plaintiff.

(3) The Korea Financial Savings Bank (hereinafter referred to as the “Korea Financial Savings Bank”) that has acquired all of the rights and obligations regarding the loans from the Saman Mutual Savings Bank to the Scar Construction (hereinafter referred to as “Korea Financial Savings Bank”).

On July 22, 2011, the Plaintiff notified the Plaintiff of the loss of the benefit of the due date for the obligation to pay the Scar Construction loans on grounds of delinquency in interest, etc., and notified the Plaintiff of the performance of the guaranteed obligation as a joint and several surety, and the Plaintiff.