1. The judgment of the court of first instance is modified as follows.

The plaintiff acceptance intervenor's claim is dismissed.

2. The total cost of the lawsuit.

1. Determination as to the claim of the plaintiff's transferee

A. Even in a case where a subsequent appeal is filed after the plaintiff's claim was accepted and the records were destroyed in the first instance trial, the appellate court shall determine whether the facts alleged by the plaintiff are true and free in accordance with logical and empirical rules based on the ideology of social justice and equity.

(see, e.g., Supreme Court Decision 2017Da26249, Jan. 31, 2019). (B)

In light of the health team and the following circumstances, the claims of the Plaintiff-takeover do not specify the grounds for the claims of the Plaintiff-takeover Intervenor, and the relevant evidence has not been submitted. As such, the claims of the Plaintiff-takeover Intervenor cannot be accepted.

① On September 11, 2007, Plaintiff A filed a lawsuit against the Defendant, and the first instance court served the Defendant with a duplicate of the complaint of this case and a notice of the date of pleading by public notice, and rendered a judgment citing the Plaintiff A’s claim.

However, the records of the trial of the first instance of this case had already been destroyed or discarded before the defendant filed a subsequent appeal. However, the documents or evidence submitted by the plaintiff A corporation in the first instance trial shall not be present on the records.

② After the Defendant filed a subsequent appeal, the Plaintiff Company B, the assignee of the lawsuit, took over the above litigation procedures and thereafter the lawsuit of this case was accepted by the Plaintiff Intervenor. While this Court served the Plaintiff Intervenor with the petition of appeal and the statement of grounds of appeal, the Plaintiff Intervenor did not appear on the date of pleading without submitting any document or evidence to the court, even though the Plaintiff Intervenor served with the above petition of appeal, etc...

③ As above, the legal proceedings of the first instance court against the Defendant are served by public notice.