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(영문) 서울중앙지방법원 2015.02.03 2014나57036
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Whether a subsequent appeal is lawful or not, the court of first instance rendered a judgment in favor of the defendant on May 30, 2013 after serving a copy of the complaint and the notice of the date of pleading on the defendant by service by public notice. On June 20, 2013, the original copy of the judgment also served on the defendant by public notice. Thereafter, the defendant filed a subsequent appeal on October 22, 2014 by requesting the Busan District Court Branch Branch Branch Office 2014TTT938 with the original copy of the judgment in the first instance as the title of title, and the above original copy was later known after serving the defendant with the notice of the date of pleading on the defendant by public notice. According to this, the defendant's failure to comply with the peremptory term of appeal is obviously and clearly acknowledged by the records or the purport of the entire pleadings that the defendant filed a subsequent appeal on October 27, 2014 with the original copy of the judgment in the first instance court as the title of title.

2. Determination as to the cause of action

A. The following facts can be acknowledged in light of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 through 5.

(1) On June 8, 2007, Industrial Complex Loan Co., Ltd. (hereinafter “Industrial Complex Loan”) registered credit service providers (hereinafter “Industrial Complex Loan”) loaned KRW 1 million to the Defendant at an interest rate of 65.7% per annum and at an overdue interest rate of KRW 65.7%, and the Defendant paid KRW 8 million per ten times from July 10, 2007 to April 10, 2008. The said KRW 800,000 was appropriated for the principal and interest of the loan, and the said loan principal remains 677,693 won as of April 10, 2008.

(2) On April 11, 2008, Busan High School loans totaling KRW 677,693 of the above loans and KRW 901 per day interest rate of KRW 321,000 per day between the Defendant and the Defendant, 99,594 of the loan principal, and the interest rate of KRW 48.545 per annum and the repayment method.

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