1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Facts of recognition;

A. On August 10, 2010, the bio-industry Co., Ltd. (hereinafter “the bio-industry”) entered into a contract for manufacturing facilities with A on the part of B (hereinafter “the bio-industry”) under which A entered into a contract with A to manufacture and install facilities for manufacturing road soundproofing plates (hereinafter “the instant facilities”) and supply them to the e-industry (hereinafter “the instant contract”) on November 30, 2010 with the price set at KRW 815,100,000, and due date set at November 30, 2010 (hereinafter “the instant contract”).

This industry paid to B the down payment of KRW 326,00,000 as an insurance policy for contract performance guarantee on the day of the contract, and at the time of the progress of 80% of the process, it agreed to pay KRW 326,040,000 as an intermediate payment and KRW 163,020,000 as an remainder when the trial run is completed after installing the facilities.

The suspension of the production of the Sheet facilities was unable to pay to B the intermediate payment and the balance of the production contract of the instant facilities, and the said contract was suspended for the manufacture of the instant facilities after the lapse of the time limit.

B. On March 25, 2011, the Defendant issued a guarantee certificate with the content that, in order to prepare for the intermediate payment and balance of the instant facilities, the bio-industry would obtain a loan from the Plaintiff, and requested the Defendant to provide a credit guarantee. On March 25, 2011, the Defendant issued a guarantee certificate with a maximum of KRW 480,000,000 for the loans of the bio-industry.

(이하 위 보증서 발급에 따른 원피고 사이의 보증계약을 '이 사건 보증계약'이라 한다). ⑵ 이 사건 보증계약의 주요 내용 ㈎ 특약사항 이 사건 보증계약에 의해 피고가 이오산업에 발급한 2011. 3. 25.자 전자보증서에는 보증계약 특약사항으로"① 이 사건 설비 설치 즉시 감정실시한 후 보증금액에 불구하고 감정가액 이내로 대출실행할 것(이하 ‘제1 특약’이라 한다), ② 이 사건 설비가 이오산업의 공장에 설치되는 즉시 공장부동산에 관하여 공장저당법에...