1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. According to the records as to the legitimacy of the appeal of this case, the court of first instance shall decide on August 16, 2006 on the ground that the Appointor A and the Deceased did not submit a written response within 30 days after being served with a duplicate of the complaint, and the certified copy of the judgment of first instance was served on the Appointor A and the Deceased, and the certified copy of the judgment of first instance reached the Appointor A and the Deceased. Therefore, it is reasonable to view that the certified copy of the judgment of first instance was not served lawfully on the Appointor A and the Deceased.

Therefore, the appeal of this case is lawful, since the period of appeal did not expire at the time the Appointor A and the Deceased submitted the written appeal of this case.

2. Determination on the cause of the claim

A. The purport of the parties' assertion is that the designated person A, a joint guarantor, was granted a loan of KRW 20,00,000 from the Korea Exchange Bank on August 21, 1998 (hereinafter "the loan in this case"), with the designated person A as a joint guarantor on August 21, 1997, and the plaintiff was transferred the above loan claim from the Rob Securitization Specialized Company. As of February 17, 2005, the above loan debt remains 46,080,218 won in total, including principal and interest of the loan and overdue interest of KRW 20,743,043,03, and overdue interest of KRW 25,37,175, and the designated person A and the deceased are jointly and severally liable for the payment of the principal and interest of the loan in this case and losses for delay on the remaining principal.

On October 17, 2017, the Appointor A and the Deceased inherited the Deceased, respectively, after the Deceased’s death on October 17, 2017 during the trial proceedings.

The plaintiff asserts that there was no notification of the assignment of claims from the Korea Exchange Bank, a limited company specializing in business securitization, and the plaintiff, and that the statute of limitations has expired since the plaintiff applied for the payment order of this case on March 31, 2005, five years after the due date of the loan.

B. According to the Plaintiff’s assertion, the instant loan claims are examined.