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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff and the succeeding intervenor against the defendant.
Reasons
1. Basic facts
(a) On November 17, 1993, the foreign exchange bank entered into an agreement between A and the foreign exchange bank on discount of A’s bill, but if the discounted bill is not paid on the fixed date, A shall be bound to repurchase the bill in face value, and from February 28, 1994 to the same year;
3. Until December 25, 200, five promissory notes have been acquired at a discount of 139,000,000 won for the total face value of five promissory notes, and all of them have been refused to pay.
B. On November 17, 1992, the Defendant concluded a collateral guarantee contract with a foreign exchange bank with the content that the guarantee limit is KRW 450,00,000,00 and that A shall be jointly and severally liable for any debt, surety liability, obligation on bills or checks, interest liability, liquidated damages liability, and all other debt related to credit transactions.
C. The foreign exchange bank filed a lawsuit claiming the amount of promissory notes against A and the defendant (Seoul District Court 94da72531) and received a favorable judgment on December 13, 1994. The judgment became final and conclusive on September 24, 1995.
Afterward, the foreign exchange bank collected 92,673,745 won in total between November 17, 1994 and December 28, 199 and collected 47,226,255 won in total.
E. On July 24, 2002, the foreign exchange bank transferred its claim against A and the Defendant, and notified A and the Defendant of the assignment of claim in accordance with the Asset-Backed Securitization Act.
F. The Plaintiff filed the instant lawsuit against A and the Defendant for the interruption of the extinctive prescription period of the promissory note deposit claim, and received a favorable judgment at the first instance court on September 2, 2005.
G. The Plaintiff’s claim against A and the Defendant for promissory notes was later transferred in sequence to the Plaintiff’s successor to the Plaintiff on November 23, 2006, to the Hano Deposit Loan Co., Ltd., on March 25, 2010, to the lower age first loan company, and to the Plaintiff’s successor to the Plaintiff on August 14, 2014.
H. Meanwhile, the defendant.