양수금
1. The judgment of the court of first instance is modified as follows.
2. The plaintiff succeeding intervenor's claim is dismissed.
3. The total cost of the lawsuit.
1. Basic facts
A. On April 21, 2005, C, the father of the Plaintiff’s succeeding intervenor, filed a lawsuit against the Defendant for a loan claim against the Seoul Central District Court 2005Gahap13764, and was sentenced by the above court on April 21, 2005, that “The Defendant shall pay C the amount equivalent to 5% per annum from April 22, 2000 to February 28, 2005, and 20% per annum from March 1, 2005 to full payment (hereinafter “the instant prior suit”). The judgment of this case became final and conclusive on June 23, 2005.
B. C seized corporeal movables owned by the Defendant as the executive title with the judgment of the previous suit of this case as the Incheon District Court 2005No19375, and received dividends of KRW 492,340 on December 14, 2005, and appropriated it to the principal of the instant claim.
C. On July 10, 2008, the Plaintiff acquired the instant claim from C, and on February 6, 2015, sent to the Defendant a written notice to the effect that “the Plaintiff acquired the instant claim” by content-certified mail.
On May 12, 2015, the Plaintiff filed the instant lawsuit against the Defendant in order to extend the extinctive prescription period of the instant claim, and the court of first instance served the Defendant with a duplicate of the complaint, preparatory documents, and notice of the date of pleading by each service by public notice, and declared a judgment accepting the Plaintiff’s claim on November 4, 2015, and the original copy of the judgment also served on the Defendant by public notice.
E. On December 10, 2015, the Plaintiff’s succeeding intervenor acquired the instant claim from the Plaintiff, and the Plaintiff as the respondent filed an application with the Suwon District Court for service by publication of declaration of intent with the Sungwon District Court Branch 2015Kaga610, which decided on January 26, 2016, that “the Plaintiff’s declaration of intent to the Defendant shall be ordered to serve by publication the claim transfer and receipt contract stating the Plaintiff’s declaration of intent to the Defendant.”
F. The plaintiff succeeding intervenor is based on the judgment of the court of first instance.