1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

According to the records of this case, the court of first instance rendered a judgment citing the Plaintiff’s claim on September 23, 2008 after delivering a copy of the complaint of this case and the notice of the date of pleading to the Defendant by public notice, and proceeding the pleading on September 23, 2008, and the original copy of the judgment was also served on the Defendant by public notice. After being notified on July 5, 2016, the Defendant received a notice that the compulsory auction of real estate based on the judgment of this case was commenced on July 6, 2016 from the Hongsung Branch Branch of the Daejeon District Court, and can recognize the fact that the Defendant perused the records of the auction case on July 6, 201

According to the above facts, the defendant was unable to observe the period of appeal, which is a peremptory term, due to the defendant's failure to know the progress and result of the lawsuit in this case for reasons not attributable to himself.

Therefore, the appeal of this case filed within 2 weeks from July 6, 2016, which was known that the judgment of the court of first instance was served by public notice, was filed by the defendant by public notice, is a legitimate appeal that satisfies the requirements for the subsequent completion of the litigation, as the appeal of this case was filed within the lawful appeal period.

Basic Facts

On May 10, 2001, the Defendant subscribed as a credit card holder and issued and used a credit card on the foreign exchange card (which was changed to one card). As of March 13, 2008, the principal amount of the Defendant’s credit card payment on the Defendant’s foreign exchange card (hereinafter “the instant foreign exchange card payment”) is KRW 6,236,035.

As above, the Defendant agreed on April 22, 200,000 won on the credit card issued from the foreign exchange card with the rate of 15.6%, overdue interest rate of 28%, and received the credit card loan loan, and agreed on October 15, 2002 with the rate of 18.1%, overdue interest rate of 28%, and repaid part of the principal and interest after receiving the credit card loan. As of March 13, 2008, the Defendant’s credit card loan of the Defendant’s credit card loan on the foreign exchange card was 15.6%.