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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...
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1-1, Gap evidence 3-1, Gap evidence 4, Gap evidence 6-6, 9, 11, 13, 14, Gap evidence 7-9, 11, 13, 15, Gap evidence 8-1 through 4, and Eul evidence 3.
The purpose of the Plaintiff is to provide members with a loan necessary to run the construction business, such as contract guarantee, defect repair guarantee, advance payment guarantee, etc., and the Defendant was a person who was appointed as the representative director of C Co., Ltd. (F) on November 22, 2001, whose trade name was changed on January 9, 2008; hereinafter “F”) and resigned on September 7, 2002.
B. On August 20, 2002, the Plaintiff and A Co., Ltd. (hereinafter “A”) concluded a ceiling transaction agreement for guarantee loan transactions (hereinafter “the instant ceiling transaction agreement”) with the Plaintiff’s maximum loan amount as KRW 493,00,00 for guarantee amount from August 20, 200 to June 30, 204; the bid guarantee amount as KRW 739,584,00 for guarantee amount; the general guarantee amount as KRW 986,112,00 for guarantee amount; and the payment guarantee amount as KRW 493,056,00 for guarantee payment; and the maximum loan amount as KRW 103,968,00 for guarantee loan transactions (hereinafter “the instant ceiling transaction agreement”); and at the time of F, D and B’s representative director as the Plaintiff’s joint and several liability as a result of the instant transaction agreement with respect to the Plaintiff.
C. In accordance with the instant Limit Trade Agreement, the Plaintiff, among the construction works of the Seoul subway Line 6-8 Section of Seoul subway Line A on January 24, 2003, the construction works of the road construction and the road tunnel construction works (hereinafter “instant construction works”), was changed from the name to the Construction Co., Ltd., Ltd. (diSM to the Construction Co., Ltd. on March 21, 2006, and changed from March 23, 2007 to the Construction Co., Ltd., Ltd. (hereinafter “Treatment Line Construction”).