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(영문) 서울서부지방법원 2017.11.14 2017나33951
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On March 8, 2017, the court of first instance rendered a judgment in favor of all plaintiffs on whether the appeal for the completion of the appeal is lawful by serving a copy of the complaint and other documents related to litigation on the method of service by public notice, and rendered a judgment in favor of all plaintiffs on March 8, 2017. The original copy of the judgment was also served on the defendant by public notice. On May 2, 2017, the defendant filed an application for perusal and duplication of records, etc. with the court of first instance on May 2, 2017 and became aware of the fact that the judgment of first instance was served by public notice at that time, and the defendant filed an appeal for the completion of the instant appeal on May

Thus, the defendant was unable to comply with the appeal period because he was unaware of the progress and result of the lawsuit due to a cause not attributable to himself, and the appeal of this case filed within two weeks from the time the defendant became aware that the judgment of the court of first instance was served by service by public notice was lawful.

2. Facts of recognition;

A. On June 22, 2002, the Defendant received a loan (hereinafter “instant loan”) of KRW 2 million from Sejong-type Mutual Savings Bank (former Mutual Savings Bank (Seoul-type Mutual Savings Bank) without due date for repayment.

B. On March 29, 2012, Sejong Mutual Savings Bank: (a) sent notice of each of the instant assignment of claims to the Defendant on July 18, 2016, to the White Asset Management Loan Co., Ltd.; (b) on March 21, 2016, to the White Asset Management Loan Co., Ltd.; and (c) on July 15, 2016, to the Plaintiff, the White Asset Management Loan Co., Ltd. (hereinafter “instant assignment of claims”); (b) three-type Mutual Savings Banks; (c) three-type Mutual Savings Banks; (d) White Asset Management Loan Co., Ltd.; (e) White Asset Management Loan Co., Ltd.; (e) the Plaintiff sent notice of each of the instant assignment of claims to the Defendant by content-certified mail

C. As of November 23, 2016, the principal and interest of the instant loan claims as of November 23, 2016 are KRW 8,065,276 (i.e., principal amount of KRW 1,702,136 and interest accrued at KRW 6,179,253 overdue interest at KRW 165,887).

【Ground for recognition】 1 to 1.

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