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

2. The plaintiff and the succeeding intervenor are against the defendant.

1. Basic facts

A. The Defendant’s joint and several sureties 1) loaned the Defendant’s debt guarantee amounting to KRW 70,000 to the Plaintiff at the Fju point operated by the Plaintiff, the name of the Defendant’s joint and several sureties B, C, the Defendant, and the Defendant’s joint and several sureties E70,000,000 and the Defendant’s cash custody certificate (Evidence A No. 4) on July 30, 2002 containing the purport of lending KRW 70,000 and joint and several sureties’s joint and several sureties’s debt guarantee amounting to KRW 70,000 in the first instance trial on July 30, 202, the name of the Defendant and the Defendant’s joint and several sureties were indicated as H.

On July 26, 2010, the Plaintiff filed the instant lawsuit against the co-defendants of the first instance court on July 26, 2010 against the Plaintiff and the Defendant seeking the payment of loans of KRW 70,000,000 and joint and several sureties. From October 15, 2010 to October 15, 2010, the Plaintiff served the notice on both the co-defendants of the first instance court and the Defendant at the time of service of both the Plaintiff’s claims at the time of February 8, 2011, and served the original copy of the first instance judgment accepting the Plaintiff’s claims. 2) On March 7, 2012, the Plaintiff transferred the loans and joint and several sureties claims on July 30, 202 to J operating the business of “I” and notified the transfer of claims to the Defendant at that time.

(A) On May 22, 2017, J transferred the loan and joint and several sureties’s loan claims on July 30, 2002 to the Plaintiff’s succeeding intervenor, and thereafter notified the Defendant of the assignment of claims (see subparagraph 1-2 of the evidence). (C) The Plaintiff’s succeeding intervenor’s seizure and collection, and the Defendant’s subsequent appeal 1) the Plaintiff’s succeeding intervenor received the execution clause against the judgment of the first instance court of the provisional execution sentence, and the said judgment claim is enforcement claim.