양수금
The judgment of the first instance shall be amended as follows, according to the succession participation in the trial:
Plaintiff
The request of the successor intervenor.
1. According to the records of this case, the court of first instance served the Defendant with a copy of the complaint of this case, notice of the date of pleading, etc., by public notice, on December 18, 2009, and rendered a judgment accepting the Plaintiff’s claim at the same time. The original copy of the judgment was served on the Defendant by public notice on January 6, 2010.
On January 14, 2020, the Defendant received an original copy of the judgment of the first instance on January 14, 2020 and became aware that the judgment of the first instance was served by public notice, and filed an appeal for subsequent completion on January 15, 2020.
Therefore, since the defendant could not comply with the peremptory appeal period, which is the peremptory period, due to a cause not attributable to him, the appeal of this case filed within two weeks from the date the judgment of the first instance court became aware of the fact by public notice is lawful.
2. The parties' assertion
A. On June 4, 2001, the Intervenor succeeding to the Plaintiff entered into a loan agreement with C on December 4, 2001 with the handling limit of 5,00,000,000 won, and the due date of December 4, 2002 and continued the loan transaction.
As of June 29, 2004, the Defendant’s remaining loans worth KRW 2,828,624 as of June 29, 200.
On May 13, 2005, C transferred the principal and interest of loan to the Defendant, and notified the Defendant of the assignment of the above assignment by content-certified mail. On January 27, 2018, C transferred the above principal and interest of loan to the Defendant to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the said assignment by content-certified mail.
Therefore, the defendant is obligated to pay the principal and interest of the loan to the intervenor succeeding to the plaintiff who is the final transferee of the above principal and interest claim.
(b) it cannot be confirmed that the money stated in the purport of the claim has been calculated in any way due to the destruction of the records of the first instance court.
The defendant, upon the acquisition of permanent sovereignty on March 18, 1992, leaves the Republic of Korea with his family and the United States.