beta
(영문) 울산지방법원 2019.08.29 2018나2332

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. In the first instance court as to whether the appeal of this case was lawful, the duplicate of the complaint of this case was unable to be served to the Defendant as “the addressee’s unknown” and the lawsuit was proceeded by public notice from the beginning, and the fact that the notice of the date of pleading and the original copy of the judgment was served by public notice is apparent in the record, and therefore, it is reasonable to deem that the Defendant did not know

Furthermore, in full view of the purport of the records and the entire pleadings of the instant case, the Plaintiff filed an application for payment order against the Defendant on August 10, 2018 with the Seoul Central District Court 2018Hu1214778 to extend the prescription period of the judgment claim under the judgment of the first instance court of this case. The Defendant, on August 27, 2018, was served with the original copy of the payment order from the above court and became aware of the fact that the judgment of the first instance was served on the original copy of the payment order through service by public notice, and thereafter, submitted a subsequent appeal to this court on September 10, 2018, within two weeks thereafter. Accordingly, the appeal of this case is lawful.

2. Determination as to the cause of action

A. The Defendant had transacted with each financial institution listed in the following table, but did not pay the principal and interest of the loan, thereby losing the benefit of the time due to the Defendant’s failure to pay the principal and interest of the loan. The Plaintiff received the Defendant’s credit card transfer notice of KRW 1,680,282, KRW 1,590,063, KRW 3,270,260, KRW 74,059, KRW 759, KRW 642, KRW 65, KRW 545, KRW 545, KRW 145, KRW 145,57, KRW 1475, KRW 147, KRW 2575, KRW 297, KRW 2575, KRW 147, KRW 25757, KRW 2575, KRW 2975, KRW 165, May 25, 200, KRW 205 of the credit transfer claim.

3. The principal of the outstanding loan and the interest accrued therefrom as of May 1, 2008.