1. The part against the defendant in the judgment of the first instance is revoked.

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

3.(a)

1. Basic facts

A. On June 9, 2001, the Plaintiff loaned KRW 17,218,182 to the co-defendant C (hereinafter “C”) of the first instance trial, and the Defendant’s father B guaranteed the above loan obligation against the Plaintiff on the same day.

B. As of September 3, 2003, the above loan claims amounting to KRW 17,274,252, including the principal amount of KRW 17,218,182, overdue interest of KRW 56,070, and the rate of delay damages is KRW 18% per annum from September 4, 2003 to May 31, 2005, and KRW 15% per annum from the following day.

C. The Defendant’s father B died on December 3, 2003, and the Defendant (2/7 shares in inheritance) jointly inherited the deceased’s property with other siblings.

On July 6, 2012, the Defendant was tried on July 6, 2012 to accept a report of inheritance limited recognition with the Seoul Family Court Decision 2012 Do-Ma3239.

E. Meanwhile, around November 2005, the Plaintiff filed the instant lawsuit against the Defendant and C, etc. seeking the payment of the above loan claims, and was rendered a favorable judgment on November 8, 2006, and thereafter, transferred the above loan claims to the Plaintiff and the Intervenor acquiring the loan (hereinafter “acquisition Intervenor”) and notified the Defendant of such transfer.

On October 19, 2017, the acceptance intervenor participated in the instant lawsuit at the defendant's request.

[Recognition of Facts] Clear fact in the record, each entry of Eul Nos. 1 through 5 (including a serial number), the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the Plaintiff’s claim, the Plaintiff did not transfer the above loan claims to the acquiring intervenor and did not hold them. Thus, the Plaintiff’s claim against the Defendant seeking the payment of money equivalent to the Defendant’s inheritance shares among the above loan claims is without merit.

B. According to the facts of recognition as to the claim of the assignee, the defendant is within the scope of the property inherited from the deceased B to the assignee who is the assignee of the above loan claim, and the principal and interest of the loan corresponding to his/her inherited shares jointly and severally with the co-defendant C of the first instance trial = 4,935,50 won = 17,274.