대여금
1.The judgment of the first instance shall be modified as follows:
The plaintiff succeeding intervenor's claim is dismissed.
2. The total cost of the lawsuit.
1. On September 23, 2010, when determining the legitimacy of the appeal for the completion of the appeal, the company changed its trade name to A on September 23, 2010 (hereinafter “A”).
A. In the first instance trial filed against the Defendant, all the litigation documents, including a copy of complaint against the Defendant and a notice of the date of pleading, were served by public notice, and the pleadings were proceeded with. On September 29, 2009, the original judgment of the first instance court was also served on the Defendant by public notice. The Defendant is not aware of the fact that the lawsuit in this case and the judgment of the first instance was pronounced. The Defendant filed a loan lawsuit against the Defendant by the Plaintiff’s succeeding intervenor against the Defendant under Seoul Central District Court Decision 2019No2172069, August 9, 2019, knowing that the petition was served on August 22, 2019, with the knowledge that the judgment was pronounced. The fact that the Plaintiff’s succeeding intervenor, who received the claim against the Defendant, filed a loan lawsuit against the Defendant under Seoul Central District Court Decision 2019No2172069, May 22, 2019
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.
2. Judgment on the merits
A. On December 4, 2001, the Defendant received a loan from A to the extent of KRW 2,000,000 (for a period, June 4, 2003; hereinafter “instant loan”).
On April 17, 2009, A filed a lawsuit against the Defendant as Seoul Eastern District Court 2009 Ghana561759, and was sentenced to a judgment in favor of all of the Defendant by public notice on September 29, 2009, stating that “The Defendant shall pay to A the amount equivalent to KRW 1,998,997 per annum 20% per annum from September 12, 2009 to the date of full payment.”
A on June 30, 2009, transferred the instant loan loans to E Co., Ltd., and E Co., Ltd. on July 1, 2009.