양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The decision of the court of first instance is in accordance with paragraph 1.
1. Determination on the legitimacy of a subsequent appeal
A. Unless there are special circumstances, if a copy of complaint, original copy of judgment, etc. were served by service by public notice, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist" "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of
B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).
In light of the above legal principles, the first instance court served a copy of complaint against the defendant by public notice, notification of date for pleading, etc. on November 8, 2013 and rendered a judgment accepting the plaintiff's claim on November 8, 2013, and served the original copy of the judgment to the defendant by public notice on November 13, 2013. The defendant filed a subsequent appeal on January 16, 2014, prior to the lapse of two weeks from being aware of the fact that the judgment was served by public notice after inspecting the records of the case on January 9, 2014. Thus, the defendant's appeal on the subsequent completion of the litigation of this case is a lawful appeal satisfying the requirements for completing the procedural acts.
2. Facts of recognition;
A. B B B between the social company Korea-based on August 17, 2009 (hereinafter “Korea-based social”) and the lending period of 36 months, and the lending rate of 28.5% per annum, and the lending of 30,000,000 won should be extended.