대여금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. According to the record of this case, the first instance court rendered a judgment that fully accepts the Plaintiff’s claim against the Defendant on August 17, 201 after serving a copy of the complaint against the Defendant, notice of the date of pleading, etc. by public notice, and subsequently served on the Defendant by public notice on August 19, 201. The original copy of the judgment was served on the Defendant by public notice on August 19, 201.
On October 12, 2017, the Defendant: (a) discovered that the judgment of the first instance was served by service by public notice by inspecting the records of the case of the Incheon District Court Branch Branch Branch of Incheon District Court 2017TTTTT 36247 and the collection order case; and (b) filed an appeal for subsequent completion on October 20, 2017.
Therefore, since the defendant could not comply with the 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 on which the court of first instance became aware of the fact by public notice is lawful.
2. Determination as to whether to recognize the establishment of claims
A. On March 6, 1995, the Plaintiff asserted that the Plaintiff leased KRW 25 million to the Defendant at interest rate of 25% per annum (hereinafter “the primary loan”) on an apartment owned by the Defendant as a type of a set-mortgage with the obligee C and the maximum debt amount of KRW 37.5 million, and around November 1, 1995, lent KRW 5 million to the Defendant’s wife E as the same interest as the first loan (hereinafter “the second loan”).
The Defendant delayed the repayment of the principal and interest of the first loan. Accordingly, the Plaintiff applied for a voluntary auction on the above apartment owned by D in the name of C and appropriated approximately KRW 11 million from the sale price on January 15, 1997 for the part of the loan accrued up to that time, and thus, the remaining principal of the first loan became approximately KRW 24.3 million.
Since then, the defendant around July 15, 2001, the sum of principal and interest up to the time following the first loan and the second loan to the plaintiff is KRW 64 million.