1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Basic facts

A. On November 11, 2010, the Defendant applied for membership to Samsung Card Co., Ltd. (hereinafter “Tromon Savings Bank”) and obtained a credit card and delayed payment of the payment thereof. The Samsung Card transferred the credit (i.e., principal amount of KRW 10,065,270 as of September 30, 2010; hereinafter “instant credit”) to Solomon Savings Bank (hereinafter “ Solomon Savings Bank”).

B. On May 24, 2011, the Solomon Savings Bank applied for a payment order against the Defendant with the lower court’s 201 tea37045, and the original copy of the payment order sent to the Defendant’s domicile was impossible.

Therefore, the Solomon Savings Bank applied for the lawsuit to the above court and the first instance court proceedings were conducted.

C. On November 25, 2011, the court of first instance served the Defendant with a copy of the complaint, a written guide of lawsuit, and a written notice of date for pleading by public notice, and concluded the pleading on the same day after the pleading was held on the one-time date set for pleading. The court of first instance declared that “the Defendant shall pay to the Solomon Savings Bank the amount of KRW 22,634,354 and the amount of KRW 10,065,270 calculated at the rate of 29.5% per annum from February 26, 2011 to the date of full payment,” and the original copy of the judgment was served to the Defendant by public notice.

The above judgment became final and conclusive around that time.

The Solomon Savings Bank was appointed as the trustee in bankruptcy on April 30, 2013.

E. On August 17, 2016, the Defendant received the original copy of the judgment, and submitted the instant written appeal for the subsequent completion on the 18th of the same month.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. On September 1, 2017, the Plaintiff, a trustee in bankruptcy of the Solomon Savings Bank, took over the instant lawsuit with the Defendant’s application for continuation on the second day of the trial held on September 1, 2017. The Plaintiff taken over the instant claim from the Solomon Savings Bank on the said date of pleading.