1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. The Defendant newly constructed and sold the instant commercial building on the land outside H of Suwon-si, Suwon-si and six parcels (hereinafter “I”).

B. On August 5, 2004, the Defendant entered into a business agreement with Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”), Postal Construction Co., Ltd., and Daol Real Estate Trust (hereinafter “Seoul Mutual Savings Bank”), with respect to part payments loans to buyers, and the Defendant and the Postal Construction Co., Ltd., a Si Corporation, jointly and severally guaranteed the obligation of part payments loans to buyers.

C. On October 26, 2004, A entered into a sales contract with the Defendant to purchase the second floor 2008 of the instant shopping mall in KRW 229,733,972 (hereinafter “instant sales contract”). D.

After that, on February 1, 2005, A entered into a loan agreement with Seoul Mutual Savings Bank (hereinafter “instant loan agreement”) that requires the 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 under the instant contract for sale in lots. The Seoul Mutual Savings Bank directly transferred the loan to the payment account of partial intermediate payment under the instant contract for sale in lots upon delegation by A according to the instant loan agreement.

E. Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

F. Meanwhile, as of May 11, 2014, the principal and interest of the instant loans are KRW 94,306,175, and the principal and interest of the instant loans are KRW 66,400,000.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3, the purport of whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment on the cause of the claim, the Defendant, a joint and several surety of the instant loan, is the Plaintiff, barring special circumstances, as to the principal and interest of the instant loan amounting to KRW 94,306,175, and principal amounting to KRW 66,400,000.