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1.The judgment of the first instance shall be modified as follows:
The plaintiff's claim against the defendant is dismissed.
B. The defendant
Reasons
1. Facts of recognition;
A. On August 25, 1993, G Co., Ltd. lent 5 million won to E with a loan period of 180 days in arrears, interest rate of 22% per annum (hereinafter “instant loan”), and Defendant and F jointly and severally guaranteed the above loan obligations.
B. The Plaintiff (the trade name was changed from H to B on March 1, 2002, and the replacement was made to A on September 10, 2010) was transferred all rights and obligations, including claims and obligations, of G, pursuant to Article 30-11 of the former Credit Management Fund Act (amended by Act No. 5415, Dec. 9, 1997) on May 30, 1997.
C. On August 10, 1999, the Plaintiff filed a lawsuit seeking the performance of the debt balance of the instant loan with the Defendant, E, and F, etc. by Busan District Court 99 Ghana24803, and the said court rendered a favorable judgment in favor of the Plaintiff on December 14, 1999 that “The Defendant shall jointly and severally with E, F, etc., for KRW 3,162,200, and for KRW 2,941,50, the amount of KRW 25% per annum from November 8, 1993 to the date of full payment,” and the said judgment became final and conclusive as it is.
(hereinafter “Prior Judgment”) d.
On July 27, 2009, the Plaintiff filed the instant lawsuit seeking performance of the balance among the obligations of the Defendant, E, and F based on the preceding judgment for the interruption of extinctive prescription of the said claim, and the court of the first instance rendered a favorable judgment on May 18, 2010.
E. On April 21, 2017, after the judgment of the court of first instance was rendered, the Plaintiff entered into a contract with the Intervenor succeeding to the Plaintiff on the acquisition of assets for the instant loans and the claim for joint and several sureties, and the same year.
5. 4. The Plaintiff’s succeeding intervenor transferred the above claim, and the Plaintiff’s succeeding intervenor was delegated with the authority to notify the assignment of claim from the Plaintiff, and notified the assignment of claim on June 2, 2017, and the notification reached the Defendant, etc. around that time.
[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3, a significant fact in this court, and the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is jointly and severally with E and F.