1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 17,09.

1. Facts of recognition;

A. On October 28, 2014, the date when the contract expires, as of October 28, 2019, the Plaintiff lent money to the Defendant with the amount of KRW 15,000,000, interest rate of loan and overdue interest rate of KRW 34.894 per annum.

B. On September 15, 2017, in the proceeding of the instant lawsuit, the Plaintiff transferred the above loan claims against the Defendant to the Intervenor succeeding to the Plaintiff. On September 18, 2017, the Plaintiff notified the Defendant of the assignment of the above claim and sent it to the Defendant around that time.

C. From February 17, 2017, the Defendant delayed the payment of principal and interest, and as of May 23, 2017, the sum of the principal and interest of the loan claims as of May 23, 2017, is KRW 17,09,154 (principal KRW 14,951,130).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. In a case where the Plaintiff transferred his claim, which is the subject matter of the lawsuit, to the succeeding intervenor, and notified the Defendant of the assignment of claim, and the succeeding intervenor applied for withdrawal of the application for intervention by succession but failed to withdraw with the Defendant’s disapproval, the Plaintiff’s claim and the succeeding intervenor’s claim and the succeeding intervenor’s claim are ordinarily effective as a common co-litigation, and the court shall render a judgment

(See Supreme Court Decision 2002Da16729 delivered on July 9, 2004, etc.). The fact that the Plaintiff transferred the loan claims against the Defendant to the Intervenor succeeding to the Plaintiff during the instant lawsuit to the Intervenor succeeding to the Plaintiff is as seen earlier. As such, the Plaintiff did not have any loan claims against the Defendant any longer, the Plaintiff’s claim is without merit without need to further examine.

3. According to the above facts of recognition as to the claim of the Plaintiff’s succeeding intervenor, the Defendant is obligated to pay interest or delay damages calculated at the rate of 34.894% per annum from May 24, 2017 to the date of full payment, as to KRW 17,09,154 and the principal amount of KRW 14,951,130, among them, to the Plaintiff’s succeeding intervenor, barring special circumstances.