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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.
Reasons
According to the records of this case, it is recognized that the court of first instance rendered a judgment citing the Plaintiff’s claim on May 2, 2006 after serving a duplicate of the complaint of this case and the notice of the date of pleading on the Defendant by service by public notice, and then proceeding with pleadings on May 2, 2006. The original copy of the judgment also served on the Defendant by public notice. On the premise that the judgment of the first instance became final and conclusive, the Plaintiff filed a lawsuit against the Defendant for an extension of the extinctive prescription against the same subject matter of lawsuit as the subject matter of lawsuit of this case (Seoul Central District Court 2016DaDa6153717) on September 2, 2016, the Defendant was aware of the fact that the first instance judgment was rendered only by viewing and copying the records of the case on September 2, 2016, and the Defendant submitted a written completion of appeal to this court on September 16,
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 brought within two weeks from the date the defendant became aware of the fact that the judgment of the first instance was served by public notice was served by public notice, is brought within the lawful appeal period, and is lawful by satisfying the requirements for subsequent completion of the litigation.
On August 4, 200, the Defendant entered into a credit card subscription agreement with the Korean National Bank Co., Ltd. (hereinafter “Korean National Bank”) on August 4, 200, between Samsung Card Co., Ltd. (hereinafter “Korean National Bank”), between Samsung Card Co., Ltd. (hereinafter “the Samsung Card”), and ③ on January 3, 2001, with the Korean Bank Co., Ltd. (hereinafter “Korea Bank”) and used the credit card.
Since 2001, the Defendant began to pay the credit card use fee to the National Bank, Samsung Card, and us Bank (hereinafter “National Bank, etc.”) in arrears.
2.3.