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

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. On May 3, 2013, the Plaintiff entered into a credit guarantee agreement with the co-defendant A (hereinafter “A”) of the first instance trial on May 3, 2013 with respect to the amount of KRW 50,000,000 for a corporate general loan to be loaned by the KEB Bank (Korea Exchange Bank) (hereinafter “Korea Exchange Bank”), which is 45,000,000 won guaranteed amount, and the term of guarantee as of May 2, 2018 (hereinafter “the instant credit guarantee agreement”).

B. In concluding the instant credit guarantee agreement, A agreed to pay both the amount of performance and the amount of damages calculated by multiplying the Plaintiff’s performance of the guaranteed obligation by the rate prescribed by the Plaintiff (15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from December 1, 2012) from the date of performance of the guaranteed obligation to the date of performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the guaranteed obligation, unpaid guarantee fee, delay, penalty, insurance premium paid by the Plaintiff on behalf of the Plaintiff, execution and preservation of the guaranteed obligation, exercise

C. A received a loan from the KEB as a collateral for the Plaintiff’s credit guarantee, but it was due to the occurrence of a credit guarantee accident (natural body) on August 17, 2015, and lost the benefit of the term of the loan. Accordingly, on December 30, 2015, the Plaintiff subrogated to the KEB bank at KRW 45,720,019 as the principal and interest of the loan under the instant credit guarantee agreement, and in the process, the payment was 79,557 won.

A On March 24, 2015, between the Defendant and the Defendant, entered into a sales contract with the transaction value of KRW 138,000,000 for the real estate listed in the separate sheet (hereinafter “instant apartment”) (hereinafter “instant sales contract”), and completed the registration of ownership transfer to the Defendant on May 6, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiff’s claim for reimbursement against A at the time of the instant sales contract.