양수금
The judgment of the first instance is revoked.
The plaintiff's claim is dismissed.
All costs of litigation shall be borne by the plaintiff.
claim. The purport of the claim.
1. In full view of the purport of the entire pleadings as to the legitimacy of the subsequent appeal No. 2-1, 2, and Eul’s evidence No. 3, the court of first instance rendered a judgment accepting the Plaintiff’s claim on June 17, 201 after serving a copy of the complaint against the Defendant and a notice of the date of pleading on each public notice, and then serving the Defendant on July 13, 201 by serving the notice of the date of pleading. The judgment also served on the Defendant by serving a public notice, and the Defendant received a new final judgment on May 13, 2020 and received a new final judgment on May 25, 2020, within two weeks thereafter.
According to the above facts, the defendant's failure to observe the peremptory period of filing an appeal is due to a cause not attributable to the defendant. Thus, the appeal of the subsequent completion of the appeal of this case is lawful by satisfying the requirements for subsequent completion of the litigation.
2. Facts of recognition;
A. The Defendant borrowed 5070,000 won from D Co., Ltd. (hereinafter “D”) for a loan period of 24 months, interest rate of 22% per annum, and interest rate of 24% per annum in arrears.
B. D Around April 10, 2009, transferred the above loans to E banks.
(c)
E Banks transferred the above loans to the Plaintiff on April 10, 2009, and notified the Defendant of the transfer of claims on December 2, 2009, and the notification of the transfer of claims reached the Defendant around that time.
(d)
The principal of the loan is KRW 11,728,967 as of December 2, 2010 (the principal is KRW 5,066,080 among them).
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings
3. The Plaintiff acquired prior to the transfer of the above loan claims (DE Bank Plaintiff) by transfer.
Claimant and claim the acquisition money to the defendant.
The assignment of nominative claim cannot be set up against a third party against the obligor unless the obligor has notified the obligor or has given consent of the obligor (Article 450(1) of the Civil Act), or E bank delegated by D has given notice of assignment of claim to the Defendant.