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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 8,528,191 and its related costs from December 4, 2015 to July 2017.
Reasons
Basic Facts
The Plaintiff is a financial institution established for the purpose of credit business, etc., and the Defendant is a foundation with the aim of facilitating its financing and contributing to the revitalization of the regional economy through efficient management and operation of credit information by guaranteeing obligations of small enterprises, etc., whose growth potential is weak, but who have good credit standing and good credit standing.
On March 8, 2010, B, which operated A points, entered into a credit guarantee agreement with the Defendant by the term of March 6, 2012, stipulating the credit guarantee principal of the credit guarantee principal of KRW 50,00,000, and the term of the credit guarantee (hereinafter “instant credit guarantee agreement”) and was issued by the Defendant a credit guarantee certificate (hereinafter “the credit guarantee certificate of this case”) from the Defendant.
The terms of the credit guarantee agreement of this case include the contents that the defendant is not liable for all or part of the guaranteed debt when the whole or part of the guaranteed loan is appropriated for the repayment of the creditor's existing bonds without the consent of the defendant
(A) Article 22(1)3 of the Credit Guarantee Agreement (hereinafter “instant exemption provision”). On March 10, 2010, the Plaintiff was granted a loan (hereinafter “instant loan”). On March 6, 2012, the Plaintiff was issued a credit guarantee certificate of this case by setting KRW 50,000,000 as the fund for stabilizing the management of small and medium enterprises at KRW 50,000 on March 6, 2012 as the due date for payment, at KRW 17% per annum (less than three months) and at least 19% per annum (not less than three months).
B submitted the letter of credit guarantee in this case and received KRW 50,00,000 from the Plaintiff on March 10, 2010 from the Plaintiff, and deposited KRW 49,960,00 among them in the name of the principal bank opened in the Plaintiff bank. At around 12:25 on the same day, around 12:25, the money was transferred to another account in the name of B opened in the Plaintiff bank (hereinafter “D account”). On the same day, the money was deposited in KRW 10,00,000 from E and the balance was KRW 59,960,000.