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(영문) 대구지방법원 2018.05.31 2017나4964

양수금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On August 10, 201, the first instance court, as to whether a subsequent appeal is lawful, served with a copy of a complaint against the defendant, notice of date for pleading, etc. by public notice, and subsequently rendered a judgment accepting the plaintiff's claim on August 10, 201. The original judgment was served on the defendant by public notice on August 17, 201, and the defendant became aware of the fact that the first instance court inspected a certified copy of the first instance judgment on May 8, 2017, upon receiving a demand notice from the plaintiff, and then served with the defendant by public notice. On May 11, 2017, the fact that the first instance court filed the instant subsequent appeal on May 11, 2017 is significant or obvious in the record.

Therefore, the defendant could not comply with the peremptory appeal period, which is the peremptory period, due to a cause not attributable to himself, so the appeal of this case filed within two weeks from the date on which the judgment of the court of first instance became aware of the fact that it was served by public notice is lawful.

2. Where there is no dispute between the parties to a lawsuit as to the cause of the claim, or according to the purport of the entire pleadings, the Plaintiff acquired each of the loans and credit card usage claims listed below against the Defendant on April 10, 2009 (hereinafter referred to as “loan Claim on December 26, 2002,” No. 2 of the No. 5208, “Loan Claim on January 27, 2003,” and No. 3 of the Credit Card Use Claim on December 25, 2009, from the new credit card company on December 26, 2010 to the Defendant on the delegation of the principal of the above assignment, and notified the Defendant of the fact that the principal was transferred, as of September 8, 2010, the principal and interest claim on December 26, 2002, 1,634, 211, interest and overdue interest and overdue interest, 2,72,71, 407, 186, 275, 167.3

The principal of the title of the claim shall be the vice versa.