1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Determination on the cause of the claim

A. 1) The defendant is the commercial building of this case where "I" (hereinafter referred to as "I") on the land outside H of Suwon-si, Suwon-si and six parcels.

(C) the project to newly build and sell the facility (hereinafter referred to as the “project”) is the project of this case.

(2) On March 5, 2004, the Defendant entered into a business agreement with Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”), Postal Construction Co., Ltd. (hereinafter “Postal Construction”), and Daol Real Estate Trust (hereinafter “Daol Real Estate Trust”) on the part payment loan to buyers, and the Defendant and the Postal Administration Construction Co., Ltd. (hereinafter “instant loan business agreement”) jointly and severally guaranteed the principal and interest on part payment loan to buyers.

3) Co-defendant A of the first instance trial (hereinafter “A”).

(2) On October 26, 2004, the sales contract between the defendant and the commercial building of this case to sell 229,73,972 won among the sales price (hereinafter “sale contract of this case”) shall be referred to as “sale contract of this case”).

(4) On February 1, 2005, A entered into a loan agreement with Seoul Mutual Savings Bank (hereinafter “instant loan agreement”) that requires a loan of KRW 66,400,000 at a rate of 23% per annum for delay (hereinafter “instant loan agreement”) for the payment of intermediate payment pursuant to the instant contract for sale in lots, and the Seoul Mutual Savings Bank directly transferred the loan to the payment account of the instant contract for sale in lots upon delegation by A according to the instant loan agreement.

5) After that, Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as bankruptcy trustee on the same day. 6) On the other hand, on May 11, 2014, the principal and interest of the instant loan obligations were KRW 94,306,175, and the principal and interest thereof were KRW 66,400,00.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 3 evidence, Eul 2 and 3 evidence, the purport of the whole pleadings

B. Determination