대여금
1. Revocation of a judgment of the first instance;
2. All claims of the Plaintiff and the Plaintiff’s succeeding intervenor are dismissed.
3...
1. The plaintiff asserts that the defendant lent 5 million won to the defendant.
Plaintiff
The succeeding intervenor asserts that the plaintiff's succeeding intervenor is liable to pay five million won and damages for delay to the plaintiff's succeeding intervenor, as he received the loan claims against the defendant, notified the defendant around May 1997, but returned the fact of the assignment of claims to the defendant, and notified the defendant again on January 2008, and notified the defendant of the fact of the second assignment of claims to the defendant on January 18, 2018.
As to this, the defendant did not borrow money from the plaintiff, and did not have a real obligation between the plaintiff and the plaintiff's succeeding intervenor, and the plaintiff's succeeding intervenor asserts to the purport that the notification of assignment of claim is unlawful by giving the notification of assignment of claim without obtaining the power of attorney from the plaintiff.
2. The plaintiff is liable to prove that he lent five million won to the defendant.
Plaintiff
A successor intervenor is liable to prove the existence of a loan claim amounting to five million won against the defendant, the fact that the intervenor succeeding to the plaintiff entered into a contract for the transfer and takeover of a claim with the plaintiff, and the legitimate notification authority (in ordinary cases, the transferor is the transferor and the transferee is also entitled to receive the right of representation concerning the notification from the transferor) notifies the defendant of the transfer of a claim or the defendant consented
Since there is no evidence to acknowledge the above assertion by the plaintiff, the plaintiff, or the plaintiff's succeeding intervenor, each argument by the plaintiff and the plaintiff's succeeding intervenor is without merit.
3. Thus, the respective claims of the Plaintiff and the Plaintiff’s succeeding intervenor shall be dismissed as it is without merit.
The judgment of the court of first instance is unfair on the contrary of this conclusion, and thus, the defendant's appeal is accepted and the judgment of the court of first instance is revoked, and all claims of the plaintiff and the plaintiff's succeeding intervenor are dismissed. It