1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. The Intervenor joining the Defendant (hereinafter referred to as the “Supplementary Intervenor”) was selected as the “C” task for the cultural technology research and development support project (from June 1, 2015 to March 31, 2018; hereinafter referred to as “instant development project”) conducted by the Plaintiff, as the business participating institution (the Plaintiff of the specialized institution, the Plaintiff of the managing research institute D Research Institute, the Intervenor assisting the joint research period, and two enterprises, including the Intervenor assisting the joint research period).

B. On April 1, 2016, the Plaintiff concluded the Convention on the Development Project of this case with the Intervenor and the Intervenor to the instant development project (hereinafter “instant development project agreement”) and agreed to receive KRW 229,038,00 from April 1, 2016 to March 31, 2017 through the Plaintiff while performing the instant development project’s task, the Intervenor agreed to contribute KRW 170,950,00 (in cash, KRW 17,095,000, KRW 153,85,000, KRW 1555,000).

C. On June 15, 2016, the Intervenor entered into a performance guarantee contract (hereinafter “instant performance guarantee contract”) with the Defendant, which provides the insured as “Plaintiff”, “29,038,000 won”, “29,038,000 won”, “from April 1, 2016 to September 30, 2017”, and “payment guarantee under the Cultural Technology Research and Development Support Agreement (referring to the instant development project agreement).”

Based on the result of the settlement of research funds for the instant development project after the completion of the research institute, the Plaintiff notified the Intervenor to return KRW 33,164,435, including interest KRW 68,802, by failing to contribute KRW 7,046,633 in cash and KRW 26,049,00 in kind, and adding KRW 68,802.

Accordingly, the supplementary intervenor paid only KRW 7,115,435 to the Plaintiff the sum of cash shortage and interest.

E. On July 5, 2018, the Plaintiff failed to pay KRW 26,049,000 to the Defendant by the Intervenor to be returned to the Defendant, and the occurrence of the insured event under the instant performance guarantee contract occurred, and filed an application for the payment of the said money. The Defendant is a performance guarantee contract of this case.