1. The defendant succeeding intervenor's application for intervention shall be dismissed;

2. The plaintiff's claim is dismissed.

3. Of the costs of lawsuit.

The Defendant’s succeeding intervenor filed an application for intervention under Article 81 of the Civil Procedure Act by asserting that the Defendant acquired the claim based on the payment order against the Plaintiff on June 21, 2013 from the Defendant, Busan District Court Branch of Dong Branch of Busan District Court 2008Gudan496, which the Defendant received against the Plaintiff.

However, an application for intervention by a person who acquired the right indicated in the executive title prior to the filing of a lawsuit seeking objection is unlawful (see, e.g., Supreme Court Decision 83Meu1027, Sept. 27, 1983). Thus, the application for intervention by the Defendant’s successor is unlawful.

Meanwhile, although the defendant's successor's application for intervention by succession is unlawful, it can be seen that the purport of the application for intervention by intervention is included, it is deemed that the defendant's successor disputes the plaintiff's assertion in the status of the defendant's assistant intervenor.

On April 3, 2002, the Plaintiff was loaned KRW 14,30,000,000 on the condition that 427,571 won per month was repaid by the Defendant (mutual D Co., Ltd. at the time).

The defendant filed a claim against the plaintiff for a loan and received a payment order with the purport that "the plaintiff shall pay 5,188,586 won and delay damages to the defendant" (the Busan District Court Branch 2008Guj496, hereinafter "the payment order in this case"), and the above payment order was finalized on February 19, 2008.

On June 21, 2013, the defendant transferred a claim based on the above payment order to the intervenor. At that time, the above assignment of claim was duly notified to the plaintiff.

Defendant Intervenor received credit card payment claims against the Plaintiff on the E card even in addition to the receipt of the claim based on the above payment order. Defendant Intervenor received payment order with the purport that “the Plaintiff shall pay 11,062,887 won to the Intervenor succeeding to the Defendant and delay damages therefrom,” and Busan District Court’s Dong Branch.