1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The part of the instant lawsuit against the Defendant is dismissed.

1. Basic facts

A. B entered into a loan and credit transaction agreement with Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) on September 30, 200 and the Defendant’s joint and several sureties, and borrowed KRW 12,700,000 on a yearly interest rate of KRW 12.8% per annum (24% per annum per annum) and one year for the loan period.

B. Hyundai Capital, Inc. filed a lawsuit against B and the Defendant for the performance of the above loan claim (hereinafter “loan claim of this case”), and on February 4, 2002, the court rendered the entire winning judgment (hereinafter “the judgment in a prior suit”) to the effect that “The Defendant jointly and severally paid to the Plaintiff the amount of KRW 12,960,123 and KRW 12,70,000 per annum 24% per annum from March 16, 2001 to the date of full payment” (hereinafter “the judgment in a prior suit”). The above judgment became final and conclusive on February 24, 2002.

C. On May 13, 2005, the Plaintiff acquired the instant loan claim from the Hyundai Capital, and notified B of the acquisition of the said loan claim under Article 7(1) of the Asset-Backed Securitization Act on June 16, 2005.

On the other hand, on November 8, 2004, B applied for debt adjustment and credit recovery support on its own debt including the instant loan claim to the Credit Counseling and Recovery Service and obtained approval thereafter, and thereafter the above approval becomes null and void, B applied for debt adjustment and credit recovery support on July 17, 2008 and received renewed approval.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, 10, 13 through 15 (including each number for a case with a serial number) and the purport of the whole pleadings

2. In determining the legitimacy of a lawsuit, the Plaintiff sought the payment of the instant loan claims that the Plaintiff received from Hyundai Capital Capital.

On the other hand, in relation to the legitimacy of a lawsuit ex officio, the party who has received the final and conclusive judgment in favor of the final and conclusive judgment has res judicata effect, shall be the other party to the lawsuit.