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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. If a copy of the complaint, an original copy, etc. of the judgment were served by public notice as to the legitimacy of the appeal of this case, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases
According to the records of this case, on May 1, 2006, the plaintiff filed an application for the payment order of this case against the defendant under the Daegu District Court 2006Ra978, and the above court sent the original copy of the payment order of this case to the defendant's domicile but not yet served. In the litigation procedure commenced following the plaintiff's application for lawsuit, the court of first instance rendered a judgment in favor of the defendant on January 10, 2007 after serving the defendant with a copy of the complaint, notice of the date of pleading, etc. on the defendant by service by public notice, and delivered the original copy of the judgment to the defendant on January 10, 207. It is recognized that the original copy of the judgment was delivered to the defendant by service by public notice. Thus, it is reasonable to view that the defendant could not comply with the peremptory period
Therefore, the appeal of this case is lawful.
2. Judgment on the merits
A. The Defendant concluded a credit card use contract with Samsung Card Co., Ltd. and used the credit card. As of October 24, 2003, the remaining principal of the card payment is as follows (the Defendant’s credit card use payment claim hereinafter “the instant claim”).
2) On October 24, 2003, the Plaintiff acquired each of the instant claims upon entering into an asset transfer contract with ELD (LG) Investment Securities Co., Ltd. on February 23, 2002, which was the principal balance of the Samsung Card Co., Ltd. on the date of issuance of the cards by financial institutions. The Plaintiff transferred the instant claims under the Asset-Backed Securitization Act on the same day.