1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

1. The Plaintiff sought the payment of each judgment against the Defendant that was acquired by the Korea Technology Credit Guarantee Fund. The court of first instance rejected the claim on the judgment amounting to KRW 109,411,102 based on the judgment of the Jeonju District Court Decision 2005Da31196 (hereinafter “former District Court”) and the claim on the judgment amounting to KRW 43,576,076,076 (hereinafter “the principal”) based on the previous District Court Decision 2005Gadan26897 (No. 26897). The previous District Court dismissed the claim on the judgment amounting to KRW 82,140,129 and damages for delay pertaining to KRW 43,480,852 (the principal).

Since only the plaintiff appealed against this, only the claim based on the judgment of the court of Jeonju District Court 2005Da26897, which the plaintiff appealed, shall be subject to the judgment of the court of the first instance.

2. Determination as to the cause of action

A. Basic facts 1) The Korea Technology Credit Guarantee Fund filed a lawsuit against the Defendant and B on the claim for indemnity amount amounting to the Jeonju District Court 2005Kadan26897, and sentenced that “The Defendant, B, and the Korea Technology Credit Guarantee Fund jointly and severally, as to KRW 43,497,612, and KRW 43,480,852 from September 5, 2005 to November 17, 2005, 14% per annum, and 20% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive on January 11, 2006, the Korea Technology Credit Guarantee Fund transferred the above claim amount against the Defendant (hereinafter “instant claim”) to the Defendant and notified the Defendant of the above fact as the delivery of the content-certified credit by mail around that time.

3) On November 6, 2015, the Plaintiff filed a lawsuit seeking the payment of the instant judgment claim, etc. with Busan District Court Branch Branch Branch of Busan District Court Decision 2015Hu10236, Mar. 2, 2016; however, the said court ordered the rejection of the Plaintiff’s application for payment order on March 2, 2016; and thereafter, the Plaintiff filed the instant lawsuit seeking the payment of the said judgment claim, etc. on March 25, 2016; 4) the principal and interest of the instant judgment claim = KRW 82,140,129 as of March 17, 2016 = Principal KRW 43,480,852 as at KRW 1,580,780 as interest.