1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit against the defendants is dismissed in entirety.

3. The total cost of the lawsuit.

1. Basic facts

A. On May 17, 2004, Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) entered into a loan agreement with Defendant A by setting the loan amount of KRW 9,000,000, the loan period of KRW 12 months, the applicable interest rate of KRW 16.8% per annum, and the repayment method upon maturity of the repayment method. Defendant B guaranteed Defendant A’s debt.

B. However, on February 6, 2006, Hyundai Capital brought a lawsuit claiming loans against the Defendants for the payment of the remainder of the loan principal amounting to KRW 5,927,843 and interest thereon or delay damages, as the Defendants did not repay the above loan obligations by the above lending period.

C. As to the instant case, the said court decided to recommend performance, and only B was served with a certified copy thereof.

On February 25, 2006, Defendant B failed to file an objection against the pertinent decision on performance recommendation, and thus the said decision on performance recommendation became final and conclusive.

(hereinafter referred to as "decision on recommendations for performance") d.

On May 25, 2006, the above court served the defendant A with a copy of complaint, notice of the date of pleading, etc. by public notice, and rendered a judgment citing the claim of Hyundai Capital Capital (hereinafter “the judgment in a prior suit”) on May 25, 2006.

The above judgment was finalized on June 8, 2006.

E. After that, on April 16, 2009, the Plaintiff (around March 26, 2013, whose trade name was changed from the “Act on the Recovery of Credit of Stock Companies” to the “National Dives Fund for Stock Companies”) acquired the above loan (hereinafter “instant loan”) from Hyundai Capital Capital Capital, and delegated the notification authority of the transfer of the claim from the said company, and sent the notification of the transfer to Defendant A by content-certified mail, and around that time, the said notification of the transfer of claim reaches Defendant A.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-4, and 6, the purport of the whole pleadings

2. The lawsuit of this case is legitimate.