양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In the first instance court’s determination on the legitimacy of the appeal for subsequent completion, a copy of the complaint of this case against the defendant and the notice of date for pleading, etc. against the defendant was served by public notice and the pleading was proceeded on December 1, 2015. The original copy of the judgment of the first instance also was served on the defendant by public notice. The plaintiff was issued a seizure and collection order of the claim under Daegu District Court-dong Branch-dong 2018Tari1306, Jun. 25, 2018 due to the original copy of the judgment of the first instance, and was served on the defendant by public notice. The defendant was aware of the fact that the plaintiff collected the money in the deposit account of his/her post on November 5, 2018, and thus, the defendant was aware of the fact that the first instance judgment was pronounced, and thus, the defendant filed a request for perusal and duplication of the records of the above seizure and collection order, and the fact that the appeal of this case was clearly completed or clearly filed with the court.
In such a case, the defendant was unable to observe the peremptory appeal period because he was unaware of the progress and result of the lawsuit of this case due to a cause not attributable to himself. Thus, the appeal of this case filed within two weeks after the cause has ceased to exist is lawful.
2. Facts of recognition;
A. On December 17, 1998, the Defendant: (a) on December 17, 200 on the loan maturity date; (b) determined the agreement as 18% per annum; and (c) received a loan of KRW 80 million from C Union at a rate of 22% per annum.
B. On December 31, 2010, C Cooperatives transferred the instant claim for the principal and interest of loans to the Defendant (hereinafter “instant claim”) to D Organizations. On April 18, 2014, D Organizations transferred the instant claim to the Plaintiff.
The above assignment of each claim was notified to the address indicated by the Defendant at the time of the loan.
C. As of the date of acquiring the Plaintiff’s claim, the principal claim of the instant claim is KRW 19,812,427, and the interest and delay damages claim are KRW 20,107,160.
recognized.