1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Basic Facts

On April 11, 2002, the Defendant entered into a credit card use contract with C Co., Ltd. (hereinafter “C Bank”) and accordingly received and used the credit card.

On February 20, 2003, C Bank transferred to the Defendant a credit card-use claim (principal principal 4,493,630 won) against D Limited Company (hereinafter “D”), and notified the Defendant of the assignment of the credit.

D) On September 22, 2006, the Daejeon District Court rendered a payment order against the Defendant as the Daejeon District Court Branch Branch No. 2006Ka4211, and issued a payment order on September 22, 2006, stating that “The Defendant shall pay to the Plaintiff 4,493,630 won and the amount equivalent to 6% per annum from February 21, 2003 to the delivery date of the instant order ( October 10, 2006) and 20% per annum from the next day to the full payment date” (hereinafter “pre-payment order”). The order was finalized on October 25, 2006.

D In March 27, 2009, on the part of the Plaintiff, transferred the credit card use price claim to the Plaintiff, and notified the Defendant of the transfer of the claim.

[Grounds for recognition] Facts without dispute, Gap's evidence Nos. 1, 2, 5 through 7, each statement of evidence Nos. 11 and 12, and whether appeal for completion of the whole purport of the pleadings is lawful, the court of first instance rendered a judgment in favor of the plaintiff on January 19, 2017, after serving a copy of the complaint against the defendant and notice of the date for pleading, etc. by public notice, and served a written judgment by public notice.

Therefore, the Defendant could not be able to comply with the peremptory period due to a cause not attributable to the Defendant’s failure to know the delivery of the judgment without negligence. On March 29, 2018, the first instance judgment rendered a decision of commencing auction on the real estate owned by the Defendant and then became aware of the fact that the first instance judgment was sentenced by public notice. Accordingly, the appeal filed by the Defendant on April 2, 2018, which was two weeks thereafter, is lawful.

On the ground that the parties' non-payment of credit card use charges has been transferred to the defendant of the C Bank's claim against the defendant of the C Bank.