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

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

3...

1. Basic facts

A. Hyundai Swiss Mutual Savings Bank (hereinafter “Plaintiff”) concluded a credit transaction agreement with D on November 22, 2002, with a limit of 500,000, interest rate of KRW 1300,000 per annum, interest rate of KRW 24% per annum, interest rate of KRW 16,390,000 per annum, KRW 16,390,00 per annum for security, E number of check, number of payment, and number of shares per unit (hereinafter “the check in this case”). In order to secure security, Hyundai Swiss Mutual Savings Bank (hereinafter “Plaintiff”) was transferred by endorsement.

B. The plaintiff holding the above check at the payment date and presented it at the payment date but was refused to pay the check due to non-transaction. The plaintiff filed a lawsuit on April 8, 2004 against the defendant B, the endorser, and C, the joint guarantor, and the Seoul Central District Court Decision 2003 Ghana2514327, and the above court rendered a judgment in favor of the plaintiff that "the defendant (the defendants of the above case, i.e., the defendant, B, D, and C) jointly and severally paid 16,390,000 won to the plaintiff and 20% interest per annum from February 14, 2004 to the date of full payment." The above judgment was finalized on May 26, 2004.

(hereinafter referred to as “final and conclusive judgment”). (c)

On June 18, 2004, the Plaintiff collected 16,390,000 won of sales commission claim against the Defendant from Daewoo Motor Sales Co., Ltd. based on the final judgment of the previous suit.

On the other hand, on December 19, 2014, the Plaintiff’s succeeding intervenor acquired the claim against the Defendant from the Plaintiff, and sent the notice of assignment to the Defendant by content-certified mail on February 10, 2015, and the Defendant received the said notice around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3, 6 and 7, significant facts in this court, the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful.