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(영문) 서울중앙지방법원 2015.04.30 2014나33290
양수금
Text

1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. The defendant shall pay to the plaintiff succeeding intervenor KRW 6,942,364.

Reasons

1. According to the records of this case as to the legitimacy of the appeal for late payment, when the complaint of this case against the defendant was sent to Dong-dong B housing non-Dong 201, Nam-gu, Incheon, where the defendant's domicile was the defendant's resident registration, the court of first instance rendered a judgment in favor of the plaintiff on December 17, 2001 after serving the complaint of this case and the notice of the date of pleading by service by public notice. The above certified copy of the judgment also served by public notice and became effective as to the defendant on February 10, 202, and the defendant became aware that the judgment of first instance was rendered only on June 2, 2014. According to the above facts, the defendant could not observe the period of appeal due to any cause not attributable to himself, and the defendant cannot observe the period of appeal from June 2, 2014 to June 2, 2014, which became aware of the progress and result of the lawsuit of the first instance court. The appeal of this case is lawful.

2. According to the overall purport of Gap evidence Nos. 1-1-3, Eul evidence Nos. 1, 2, and 5 as to the cause of the claim and all of the arguments, the defendant entered into a contract to use the credit card with the Japanese bank on Jan. 7, 1993, and delayed payment of KRW 5,35,407 (principal) on April 27, 1996. The agreed interest rate at the time of the contract was 28% per annum. The Japanese bank transferred the above credit card price claim (including interest; hereinafter referred to as the "claim of this case") against the defendant to the plaintiff on Dec. 28, 200; the Japanese Financial Corporation transferred the claim of this case to the defendant on Dec. 28, 200; the principal amount of the claim of this case was 5,35,407 won; overdue interest was 1,586,970 won; the plaintiff transferred the claim of this case to the defendant on Apr. 1, 2016.

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