양수금
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the intervenor succeeding to the plaintiff KRW 16,102,145 and 5,813 among them.
On January 27, 2010, the judgment of the court of first instance rendered in favor of the defendant was also delivered through service by public notice. The original copy of the judgment of the court of first instance is also served on the defendant by public notice. The defendant is not aware of the facts of the lawsuit of this case and the judgment of the court of first instance. The defendant is not aware of the facts of the judgment of the court of first instance. The plaintiff succeeding intervenor who acquired the claim against the defendant of this case filed a lawsuit against the defendant on July 23, 2018 by the Seoul Central District Court 2018Gada180593, and filed the lawsuit against the defendant on July 23, 2018, the contents of the "accident Screening" of this case, which was submitted on July 26, 2018 by the plaintiff succeeding intervenor, who acquired the claim against the defendant, was served on July 26, 2018, and was aware that the judgment was rendered only after the completion of the lawsuit of this case.
In such a case, it is reasonable to deem that the defendant was unable to observe the peremptory appeal period, due to failure to know the progress and result of the lawsuit in this case due to a cause not attributable to himself. Therefore, the subsequent appeal in this case filed within two weeks after such cause ceases to exist is lawful.
The plaintiff's successor to the lawsuit was appointed as the trustee in bankruptcy due to the bankruptcy of A.
The defendant entered into a contract for the use of credit cards with E Co., Ltd. (hereinafter referred to as “E”) and was issued a credit card.
E transferred to A the above credit card user claim (hereinafter “claim of this case”) against the Defendant, and sent a notice of assignment of the credit card to the Defendant, and the notice was lawfully delivered to the Defendant.
A on November 11, 2009, filed a lawsuit against the Defendant seeking payment of KRW 16,102,145 (=principal principal 5,813,124 won, 10,289,021). On January 27, 2010, the first instance court served public notice.