1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. Upon application for the return of provisional payments, the Plaintiff.

1. Basic facts

A. The Plaintiff’s claim 1) entered into several guarantee insurance contracts with C around 2002 and 2003, and B jointly and severally guaranteed part of the Plaintiff’s obligation to the Plaintiff under the guarantee insurance contract. (2) On January 14, 2004, the insured event, such as the disposition of transaction suspension, etc., occurred with respect to C, and the Plaintiff filed a lawsuit for indemnity against C and B, etc., after partially subrogated for C’s obligation between 2004 and 2006 under the guarantee insurance contract.

3) The court held that "B entered into a sales contract with C Co., Ltd. with 14,51,196 won and its 19% per annum from June 5, 2004 to August 4, 2007; 20% per annum from the next day to the day of complete payment; 20% per annum from April 17, 2004 to August 4, 2007; 30% per annum from April 17, 2004 to August 4, 2007; and 20% per annum from the next day to the day of complete payment; 30,000,000 won per annum from April 23, 2004 to the day of complete payment; 19% per annum from the next day to August 4, 2007 to the day of complete payment; and 30,000,000 won per annum 17, 207.

2) On July 18, 2007, the Defendant sold the instant apartment at KRW 240 million to D, and completed the registration of ownership transfer on the instant apartment on August 27, 2007, and the Defendant completed the marriage report on June 26, 2008.

【Ground of recognition】 There is no dispute, Gap No. 1.