양수금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. Whether the appeal for subsequent completion is legitimate or not, the court of first instance rendered a judgment in favor of the defendant on April 24, 2014 by serving a copy of the complaint and the notice of the date for pleading on the defendant by public notice, and subsequently proceeding with pleadings. On May 14, 2014, the original copy of the judgment also served on the defendant by public notice, and the defendant was later informed of the fact that the court of first instance rendered a judgment on August 13, 2018, and later, he/she became aware of the fact that the defendant had immediately been served on the defendant by public notice, and the defendant filed an appeal on August 16, 2018, which is within two weeks thereafter, is recognized by the court of this case or by the purport of the entire pleadings. Accordingly, the defendant’s failure to observe the peremptory period of appeal due to any cause not attributable to the defendant. Accordingly, the appeal for subsequent completion by the defendant within two weeks from the time the judgment of first instance was served by public notice is lawful.
2. Determination on the cause of the claim
A. Facts of recognition 1) C Co., Ltd. (hereinafter “C”).
On April 29, 2008, the Defendant lent KRW 1,000,000 to the Defendant at an annual interest rate of 36.5% per annum, and at an overdue interest rate of 36.5% per annum (hereinafter “instant claim”).
2) The Defendant began to pay the principal and interest from November 12, 2008, when he paid part of the principal and interest to the Defendant. The Defendant began to pay the principal and interest from November 12, 2008.
3) On November 17, 2010, C transferred the instant claim to the Plaintiff, and on September 20, 2012, C sent a notice of assignment to the Defendant by content-certified mail. 4) As of October 21, 2013, the instant claim as of October 21, 2013, based on which the Plaintiff applied for a payment order against the Defendant, the principal amount of which is KRW 828,457, and the interest for delay from November 12, 2008 to October 21, 2013 is KRW 1,494,536, the interest for delay from October 21, 2013, and the total amount of principal and interest of the instant claim as of October 21, 2013 is KRW 2,322,93.
[Reasons for Recognition] Unsatisfy, Gap 1 through 4, the purport of the whole pleadings
B. The above facts of recognition are examined.