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

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

3...

1. Facts of recognition;

A. On August 5, 2004, the Defendant concluded a business agreement with Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) as to part payments loans to buyers (hereinafter “instant loan business agreement”) on the part of buyers, and jointly and severally guaranteed the obligations of buyers for loans to Seoul Mutual Savings Bank.

The contents related to this case in the loan business agreement of this case are as follows.

When the Seoul Mutual Savings Bank (hereinafter referred to as the "A"), postal administration construction (hereinafter referred to as the "B"), state (hereinafter referred to as the "C"), funds management real estate trust (hereinafter referred to as the "C"), Dial Real Estate Trust Co., Ltd. (hereinafter referred to as the "C"), Byung's new construction of the commercial buildings in this case, part-time payment loan to the buyer of the commercial buildings related to the sale of the commercial buildings in this case, and part-time payment loan to the buyer of the commercial buildings in relation to the sale

Article 1 (Principles of Agreement) The loans to be handled by A under this Agreement shall be governed by the terms and conditions of loan transaction agreements and the basic terms and conditions of bank credit transaction between A and B, and matters not determined thereby shall be subject to the consultation with B, B, C, and justice.

Article 2 (Object of Loan and Term of Loan) (1) The subject of loan handled by A shall be limited to a person who has sold a commercial building among the buyers and applies for a loan to appropriate the money for the sale of the commercial building, and a person whom A recognizes as an eligible person for a loan.

(2) Loans to be extended by a buyer to a buyer shall be general loans.

(3) The lending period shall be 12 months from the handling date.

Provided, That if ownership is transferred in the future within the loan period, it shall be the maturity of the loan on the date of transfer of ownership.

Article 6 (Joint Guarantee)

1. B and C: The buyer of the building in units; and