양수금
The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
The defendant shall pay to the plaintiff succeeding intervenor KRW 82,199,151 and its amount.
On July 13, 2010, after both a copy of the complaint and a notice of date for pleading against the defendant were served by public notice in the first instance trial on the legitimacy of appeal filed by the defendant, the entire judgment rendered in favor of the plaintiff was rendered on July 13, 2010. The original copy of the judgment of the first instance also was served on the defendant on July 16, 2010 by public notice, and the defendant was issued the original copy of the judgment of the first instance on September 26, 2019, and the fact that the defendant filed the appeal of the instant case on October 8, 2019 is apparent or obvious.
In such a case, it is reasonable to view that the Defendant was unable to file an appeal, which is a peremptory period, due to failure to know the progress and result of the instant lawsuit due to a cause not attributable to himself/herself, and filed an appeal for subsequent completion within two weeks from the date on which such cause ceases to exist.
(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). Therefore, the Defendant’s appeal to the instant case is lawful.
Basic Facts
A. On October 10, 2003, the C organization entered into a loan transaction agreement with the Defendant on October 10, 2003, setting forth a loan transaction agreement with the Defendant on October 10, 200 with interest rate of KRW 3,360,00,000, the date of loan commencement, October 10, 2003, October 10, 2004, and 15.5% per annum, and carried out the loan to the Defendant accordingly.
(hereinafter referred to as the “instant G association’s claim”). B.
H Co., Ltd. entered into a repayment loan agreement with the Defendant on August 27, 2003 with a loans of KRW 20,510,000, August 27, 2003, the date of loans, August 27, 2003 (48 months of loans), the due date of August 26, 2007 (48 months of loans), interest rate of 24% per annum, and damages for delay rate of 29.9% per annum, and carried out loans to the Defendant accordingly.
(hereinafter “instant claim”). On January 27, 2006, H Co., Ltd. transferred the instant claim to D Co., Ltd. and notified the Defendant of the assignment of claim at that time.
(c) I Co., Ltd. on October 8, 2003: 14,730,000 won borrowed with the Defendant on October 8, 2003; 1 year of loan; 23.2% per annum;