2. The plaintiff's claim against the defendant is dismissed.

3...

A. On October 27, 200, the Seocho-gu Saemaul Savings Depository extended a loan to the co-defendant B (hereinafter “B”) of the first instance trial on October 27, 200 by setting the loan amount of KRW 5,00,000, the due date of payment October 27, 2002, the loan rate of KRW 12.3% per annum (transfer rate), and the compensation rate of delay (hereinafter “instant loan”). At that time, the Defendant and C jointly and severally guaranteed the instant loan obligations.

B. As of May 31, 2013, the instant loan claims amounting to KRW 4,903,341 and interest KRW 4,525,080 remain. Accordingly, the instant loan claims were transferred to the Plaintiff on June 28, 2013, and the said assignment of claims was notified to B around the said transfer of claims.

C. As of June 12, 2017, the instant loan claim that the Plaintiff acquired as above remains 12,746,303 won in total, including the principal amount of KRW 4,903,341, interest in arrears, and interest in arrears, as of KRW 7,842,962.

On January 26, 2018, the Plaintiff transferred the instant claim to the succeeding intervenor. The succeeding intervenor, on behalf of the Plaintiff, did not reach the notification of the assignment of claims to B, filed an application for service by publication of declaration of intent, and made a decision of service by publication on July 19, 2018 ( Daejeon District Court Decision 2018Kaga2), and the said notification of the assignment of claims reached the notification to B on August 7, 2018.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4, 10 through 12 (including paper numbers), and the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s claim is seeking the payment of the principal and interest of the instant loan to the Defendant on the premise that the Plaintiff himself/herself is a transferee of the instant loan claim. However, as seen earlier, the Plaintiff transferred the instant loan to the succeeding intervenor on January 26, 2018, and thus, the Plaintiff’s claim is without merit. 2) According to the fact that the succeeding intervenor’s claim is acknowledged, barring any special circumstance, the Defendant, a joint and several surety of the instant loan claim, is a transferee of the instant loan claim.