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

The plaintiff succeeding intervenor's claim is dismissed.

2. The total cost of the lawsuit.

In light of the above legal doctrine, the principal and interest of the Intervenor’s judgment claim, which is a passive claim, falls short of the sum of the principal and interest of each of the instant automatic claim, and thus, the offset appropriation should be made in the order of statutory appropriation of performance, unless both parties have designated the obligor of the automatic claim (see, e.g., Supreme Court Decision 2011Da24814, Aug. 25, 201).

The calculation process and results are as follows:

On August 15, 2015, 692, 112, 983, 069, 12,775,409, out of the total amount of damages for delay of the extinguished claim and the total amount of the principal amount of the extinguished claim, which have been appropriated for 4,354,580 won out of the total amount of the extinguished claim and for 8,545,192, out of the total amount of the extinguished claim, 81,454,808, remaining 4,354,580, 90,000 - The amount of damages for delay of the extinguished claim as of August 10, 2015 】 12,750,000 won of the principal amount of the extinguished claim x 305 days of offset x 305 days of the original amount of the extinguished claim x 305 days of the final and conclusive claim x 15 days of offset x 305 days of the original claim x 25 days of 205 days of the date.

4. If so, the intervenor's claim of this case shall be dismissed as it is without merit, and since the intervenor participated in the succession at the trial, the judgment of the court of first instance shall be modified as above, and it is so decided as per Disposition.