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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
Reasons
1. According to the records as to the legitimacy of the appeal of this case, the first instance court rendered a favorable judgment against the defendant on July 1, 2016 after serving a copy of the complaint and the notice of date for pleading by public notice, and served the original copy of the judgment on July 1, 2016, and served it on the defendant by public notice. The defendant becomes aware of the fact that the judgment of the first instance was rendered only on October 31, 2017, and filed an appeal of this case on November 13, 2017. Thus, the defendant was unable to observe the period of appeal due to any cause not attributable to it, and the defendant filed an appeal of subsequent completion within two weeks from the date on which the cause ceases to exist. Thus, the appeal of this case is lawful.
2. Basic facts
A. The Defendant’s account transaction 1) The sum of KRW 117,030,000,000 as shown in attached Table 1, as shown in attached Table 1, by means of remitting from April 19, 2014 to April 10, 2015 to the Plaintiff (hereinafter “instant loan”).
(2) The Plaintiff borrowed 60% per annum from May 14, 2014 to April 17, 2015 as shown in attached Form 2 (hereinafter “instant repayment”) with a total of KRW 100,305,000 (hereinafter “instant repayment”) as indicated in attached Table 2 by means of remitting to the Defendant from May 14 to April 17, 2015.
3) The instant loan was repaid to the principal and interest of the instant loan as indicated in attached Table 3, and as of April 17, 2015, the date of the final repayment remains KRW 20,711,734 of the instant loan as of April 17, 2015. The agreed interest rate of the instant loan remains 60%. However, the interest rate of the instant loan is from April 19, 2014 to July 14, 2014, the first loan date, depending on the restriction on the Interest Limitation Act, was partially amended by Act No. 1227, Jan. 14, 2014; and was wholly amended by Presidential Decree No. 25376, Jun. 11, 2014; and was partially amended by Presidential Decree No. 253765, Jul. 15, 2014; and was signed from July 14, 2015 to July 14, 2014.