The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

The Defendants are jointly and severally liable to the Plaintiff’s succeeding intervenors 10.

1. Facts of recognition;

A. On December 18, 1993, D Co., Ltd. (hereinafter “D bank”) lent KRW 3.5 million to Defendant C (hereinafter “the instant loan claim”), and Defendant B guaranteed Defendant C’s above loan obligation.

B. On February 25, 1999, banks filed a lawsuit against the Defendants on the claim for loans, etc. (this Court No. 15330, 99) and received a favorable judgment from this court on April 1, 199 that "the Defendants jointly and severally paid to D banks 6,621,315 won and 3,419,061 won with the rate of 21 percent per annum from December 16, 1998 to the full payment date" (hereinafter "related judgment").

(c)

D Bank transferred each of the instant loan claims to E on December 30, 1999, and to the Plaintiff on December 28, 2000, respectively, and the transferor notified the Defendant C of the transfer of claims. The fact of the transfer of claims reached the Defendant C around each time.

(d)

On March 16, 2009, the Plaintiff filed the instant lawsuit against the Defendants for the payment of the instant loan claims. On August 20, 2009, the court of first instance rendered a judgment citing the Plaintiff’s claim after all procedures, such as the service of a copy of the complaint against the Defendants, were conducted by public notice.

E. On September 18, 2012, after the judgment of the first instance was rendered, the Plaintiff re-transfered the instant loan claims to the Plaintiff’s succeeding intervenor. On March 27, 2018, the Plaintiff notified the Plaintiff’s succeeding intervenor of the assignment of claims, who was delegated by the Plaintiff to the Defendant C of the assignment of claims, and the said notification of the transfer of claims reached the Defendant C around that time.

F. Meanwhile, the Defendants filed an appeal for subsequent completion with this court on August 14, 2019, and filed an appeal for subsequent completion with respect to the relevant judgment on October 11, 2019, together with an appeal for subsequent completion (No. 2019Na60167). The instant case was mainly concluded between the withdrawal of appeal on September 15, 2020, and the relevant judgment became final and conclusive as of April 30, 199.

[Grounds for recognition] A remarkable fact in this Court.