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1. Revocation of a judgment of the first instance;
2.(a)
The assignment contract of claims between A and the defendant shall be 35,625.
Reasons
1. Basic facts
A. The Plaintiff’s credit relationship with Nonparty A 1) On September 17, 2013, the Plaintiff entered into a credit guarantee agreement with Nonparty A with the content that the guaranteed principal is KRW 26,000,000, and the term of guarantee is until September 16, 2014; and that the subject of the loan is 100% of the small and medium enterprise loan and the partial guarantee rate (hereinafter “instant credit guarantee agreement”).
In accordance with the above credit guarantee contract, A was loaned KRW 26,00,000 from the Defendant. 2) According to the credit guarantee contract of this case, when the Plaintiff performed a credit guarantee obligation to the Industrial Bank of Korea, the primary debtor shall pay the amount of the performance of the guaranteed obligation and the amount of the performance of the obligation to compensate for the damages incurred by the Plaintiff at the rate determined by the Plaintiff (14% per annum after December 2, 2010) from the date of repayment to the date of repayment.
3) On February 17, 2014 after receiving the above loan, A had caused a guarantee accident with a natural body. Accordingly, on July 11, 2014, the Plaintiff paid the principal and interest of KRW 26,459,197 to the Defendant. The Plaintiff collected KRW 181,040 after the Plaintiff paid the principal and interest of KRW 69,940 to the Defendant. 4) The Plaintiff filed a lawsuit against A for claiming for reimbursement (Seoul Central District Court Decision 2014Da5201769, Oct. 15, 2014) against the Plaintiff (Seoul Central District Court Decision 2014Da5201769, Oct. 15, 2014; 26,459,197 KRW 200,000,000 from the following day to the 10th day of July 11, 2014 to the 14th day of 2014.
B. On September 13, 2013, the Defendant loaned KRW 118,00,000 to A as a small and medium enterprise facility loan for the introduction of new machines under the guarantee of the Korea Technology Credit Guarantee Fund (hereinafter “instant facility loan”).