1. The part against the defendant in the judgment of the first instance shall be revoked;

2. All of the plaintiffs' claims against the defendant.

1. Basic facts

A. On January 10, 2005, the bankrupt Plus Mutual Savings Bank Co., Ltd. (hereinafter “Bankruptcy Bank”) loaned KRW 8,000,000 to C on June 9, 2005 with the maturity of KRW 25.5% per annum, interest rate of KRW 25.5% per annum, and damages for delay rate of KRW 35% per annum (hereinafter “instant loan”), and the Defendant jointly and severally guaranteed the obligation of the instant loan.

(hereinafter referred to as the “joint and several sureties of this case”).

C has lost the benefit of the time limit for the instant loan, thereby delaying the principal of the loan amounting to KRW 6,923,742 and the delay damages from September 29, 2005.

C. On June 27, 2006, the bankrupt bank was declared bankrupt by Busan District Court 2006Hahap1, and the plaintiffs were appointed as bankruptcy trustee.

On April 2, 2014, the Plaintiffs transferred the instant loans and joint and several sureties’s claims to the Intervenor succeeding to the Plaintiff, and notified C and the Defendant of the assignment of claims by content-certified mail on April 4, 2014, and the said notification of assignment of claims reached C and the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The plaintiffs sought payment of joint and several sureties's claim against the defendant, but as seen earlier, the plaintiffs transferred the loans of this case and joint and several sureties's claim to the plaintiff succeeding intervenor and did not retain it any longer. Thus, the plaintiffs' claim is without merit.

3. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. According to the above facts of determination as to the cause of claim, the defendant, who is a joint and several surety for the debt of this case, is calculated by the ratio of 6,923,742 won to the plaintiff succeeding intervenor and 35% per annum from September 29, 2005 to June 29, 2007, and 30% per annum from the next day to the day of complete payment.