양수금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. On January 20, 2012, the court of first instance rendered a judgment in favor of the Plaintiff on January 20, 2012, which rendered a judgment in favor of the Defendant on the lawfulness of the subsequent appeal, by serving a duplicate of the complaint against the Defendant, a notice of the date of pleading, etc. by public notice, and also served
Therefore, the defendant was unable to comply with the peremptory period due to the reason that the defendant could not be held liable because he was unaware of the delivery of the judgment without negligence.
I would like to say.
The records revealed that the Defendant was sentenced to the judgment of the first instance court on May 17, 2016 only when considering the original judgment issued on May 17, 2016.
The appeal filed by the defendant on May 24, 2016, which was within 14 days from the above, is lawful as satisfying the requirements for subsequent completion of procedural acts.
2. The parties' assertion
A. The Plaintiff received a loan claim of KRW 2 million from the Defendant on October 31, 2001, from the Plaintiff Pudong Mutual Savings Bank (hereinafter “Pudong Mutual Savings Bank”), and thus, sought payment therefor.
B. The Defendant repaid the Plaintiff’s loan claims to Pudong Mutual Savings Bank.
3. According to the purport of each of the statements and arguments as to Gap's evidence Nos. 1 and 3, the defendant, on October 31, 2001, borrowed KRW 2 million from the Yongsan Mutual Savings Bank, and the interest and damages for delay were determined and notified to the defendant according to the interest rate posted at the guest book. The interest rate posted at the time was 60% per annum (hereinafter "the bonds in this case"), and the interest rate at the time remains 1,102,992 won until August 31, 2004. The ledger of the bonds in this case stated that the principal amount was deposited in KRW 1,102,992 on August 31, 2004, and the remaining amount was not remaining. The plaintiff thereafter acknowledged the fact that the plaintiff received the transfer of the bonds in this case from the Busan Mutual Savings Bank on September 25, 2009 and notified the defendant of the transfer thereof.
The above facts of recognition.