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1. The judgment of the court of first instance is modified as follows.
Plaintiff
The claimant's claim is dismissed.
2. The total cost of the lawsuit.
Reasons
1. Facts of recognition;
A. A. Around June 20, 2003, the Defendant agreed to borrow KRW 4,250,000 between Non-Party D Co., Ltd. and to borrow KRW 4,250,00 per annum, 24.5% per annum, 28% per annum, and 24 months for the lending period.
(2) A claim under the foregoing agreement (hereinafter referred to as “claim of this case”). B
On May 20, 2004, the non-party D Company transferred the instant claim to the non-party D Co., Ltd. (hereinafter “non-party D Co., Ltd”).
C. On April 22, 2009, the non-party bank filed the instant lawsuit [the remaining principal and interest of the instant claim amounting to KRW 8,040,894 (the remaining principal and interest of KRW 3,538,889)], and in the first instance court of the instant lawsuit, the non-party bank went through service by public notice to the defendant, and on September 25, 2009, the non-party bank was sentenced to a favorable judgment in full that "the defendant shall pay to the plaintiff 8,040,894 won and 3,538,889 won with 20% interest per annum from September 24, 2009 to the day of full payment."
On November 11, 2011, Nonparty Bank transferred the instant loan claim to the Plaintiff.
E. On December 10, 2018, the Defendant applied for the issuance of an original copy of the judgment, and on December 11, 2018, the service of the judgment of the first instance and the issuance of a final confirmation were issued on December 11, 2018, but the service of the judgment of the first instance was issued on January 7, 2019. The original copy of the judgment was issued on January 7, 2019. The Defendant submitted to the competent court a written appeal for subsequent completion on January 21, 2019 against the judgment of the first instance.
F. On February 25, 2019, the non-party bank was declared bankrupt and appointed as the trustee in bankruptcy by the Korea Deposit Insurance Corporation. On February 25, 2019, the Defendant filed an application for participation in the acquisition of the Plaintiff’s transferee instead of the Plaintiff, the trustee in bankruptcy of the non-party bank, filed an application for intervention in the instant lawsuit to accept the Plaintiff’s transferee instead of the Plaintiff, the trustee in bankruptcy of the non-party bank. Accordingly, the Plaintiff, the trustee in bankruptcy of the non-party