logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.07 2016나22256
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. The fact that the first instance court rendered a judgment citing the Plaintiff’s claim after serving a copy of the complaint against the Defendant, a notice of the date of pleading, etc. on the Defendant by public notice, and subsequently serving the pleadings, the original copy of the judgment of the first instance also served on the Defendant by public notice, and the fact that the Defendant submitted a written appeal for subsequent completion at the same time as the original copy of the judgment of the first instance on April 12, 2016, is apparent in the record.

According to the above facts, the defendant was unable to observe the peremptory period due to a cause not attributable to the defendant, and the court of first instance filed a subsequent appeal within 2 weeks from April 12, 2016, which became aware of the fact that the court of first instance was served by public notice. Thus, the defendant's subsequent appeal is lawful.

2. Judgment on the merits

A. (1) The judgment on the cause of the claim (A) was accepted by the Defendant, upon entering into a loan transaction agreement with a financial institution as stated in the following list of claims, and was used with credit cards after being admitted to the financial institution as stated in the following list of claims.

(B) The financial institutions listed below in the list of bond statements have transferred each of their claims to the Plaintiff, and the balance and interest as of November 7, 2013 of the credit acquired by the Plaintiff are as follows: (a) the balance of the loan and the interest shall be as stated in the column of balance and the interest column among the list of bond statements.

(C) The overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on the purchased bonds is 17% per annum.

(1) In the case where: (a) Hyundai Capital Co., Ltd., 2,400,590,000, 6,592,352,82,352, 825 won general capital loans 2,400,000 won 6,592,352 won 8,92,352 won 8,92,352 won 8,064,926 won 8,115,251 won 11,180,177 won / [based on recognition] A’s evidence 1, 2-1, 2, and 3 through 5 of the evidence No. 5 of the loans of financial institutions; and (b) the purport of the entire pleadings is proved and not returned.

arrow