1. Revocation of the first instance judgment.

2. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

3. The plaintiff and the defendant.

1. Facts of recognition;

A. On December 11, 2002, D Company 64,00,000 interest rate of 2.5% per annum, 17% per annum of less than three months, 19% per annum of not less than three months, 19% per annum of not less than three months, and 11 December 11, 2005 of the loan period (hereinafter “instant loan”).

B. On November 25, 2011, D Co., Ltd. transferred the instant loan claim to the Plaintiff. On January 27, 2012, the Plaintiff delegated the power to notify the assignment of claims by D Co., Ltd., to the Defendant by means of content-certified mail.

C. On December 30, 2013, the Plaintiff transferred the instant loan claims to the Intervenor succeeding to the Plaintiff. On February 4, 2014, the Plaintiff’s succeeding intervenor, who was delegated with the power to notify the assignment of claims by the Plaintiff, notified the Defendant of the fact of the assignment of claims by mail verifying the content of the said claim.

As of May 9, 2012, the instant loan claims amounting to KRW 12,787,804, interest and delay damages amounting to KRW 29,191,097, totaling KRW 41,978,901.

B. On September 10, 2020, the Plaintiff’s succeeding intervenor filed an application for succession intervention with this court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap's evidence No. 1 to 3, the purport of the whole pleadings

2. As seen earlier, as seen earlier, the Plaintiff did not hold the instant loan claims by transferring the instant loan claims to the Intervenor succeeding to the Plaintiff. As such, the Plaintiff’s claim is without merit.

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

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff, the transferee of the instant loan claim, 41,978,901 and 12,787,804 won among them, calculated at the rate of 20% per annum under the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from December 20, 2012 to the date of full payment, which is the day following the delivery of the written complaint sought by the Intervenor succeeding to the Plaintiff.

B. The defendant's assertion, etc. (1) The defendant is limited to D.