1. Revocation of the first instance judgment.

2. All the claims of the Plaintiff and the Intervenor are dismissed.

3. The plaintiff and the defendant.

1. Basic facts

A. On September 27, 2001, the Defendant received a loan of KRW 5,000,000 (hereinafter “instant loan”) with interest rate of KRW 27% per annum and interest rate of arrears rate of KRW 35% from professional Legs Co., Ltd. (hereinafter “instant loan”) on July 27, 2002, the Defendant lost its interest due to delay in repayment of the principal and interest of the instant loan.

B. On September 15, 2005, professional Legs Co., Ltd. transferred the instant loan claim in sequential order to the Gags Capital Co., Ltd. and the Plaintiff, and sent the notice of assignment to the Defendant on April 5, 2013 along with the Gags Capital Co., Ltd. by content-certified mail.

C. The Plaintiff transferred the instant loan claim to the Intervenor, and on December 8, 2017, the Plaintiff’s acquisition intervenor was granted the succeeding execution clause of the first instance judgment.

Meanwhile, the remainder of the loan claims of this case is KRW 1,882,362.

[Ground of recognition] No dispute, Gap evidence Nos. 1, 2, and 4, and the purport of the whole pleadings

2. The Plaintiff sought payment of the principal and interest of the instant loan to the Defendant, but the Plaintiff already transferred the Plaintiff’s claim to the Intervenor taking over the instant loan. Therefore, the Plaintiff’s claim is without merit.

3. On January 8, 2018, the Defendant filed an appeal to the first instance court to the effect that the instant loan claim has expired by prescription. On March 13, 2018, the Plaintiff filed an appeal to the effect that the Intervenor acquired the instant claim with the competent court, and the Plaintiff’s Intervenor filed an application for intervention in acceptance, and the instant court ordered the Plaintiff’s Intervenor to take over the lawsuit on March 27, 2018.

However, the plaintiff acceptance intervenor was absent from the date of the first pleading without submitting any supporting materials despite being served with both the defendant's petition of defense and the written application for intervention in acceptance, the decision of acceptance by this court, and the date of the first pleading.

Plaintiff

Although the acceptance intervenor did not state the purport of the claim and the cause of the claim, the plaintiff's acceptance intervenor is the plaintiff.