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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
Reasons
According to the records of this case’s lawfulness of appeal for the completion of the appeal, significant facts in this court, and the purport of the entire pleadings, the court of first instance may recognize the fact that the court of first instance was aware of the judgment and the fact that the court of first instance was filed on May 1, 2020 only when it received the first instance judgment from the person in charge of G credit information who was delegated to collect claims from the plaintiff on April 21, 2020, by serving the lawsuit by public notice after serving the copy of the complaint through serving the lawsuit by public notice. The original of the judgment was served by public notice on February 16, 2004.
According to the above facts, it is reasonable to view that the defendant was unable to observe the period of appeal, which is the peremptory period, due to a cause not attributable to the defendant. Thus, the appeal for subsequent completion filed within two weeks from the date on which the court of first instance became aware of the service by public notice is lawful.
2. Facts of recognition;
A. A. On January 6, 1997, D Co., Ltd. (hereinafter “D”) entered into a monetary loan agreement with the Defendant on the terms of lending KRW 20 million to the Defendant with a maturity of KRW 17% per annum on January 6, 1999, interest rate of KRW 17% per annum, and interest rate of delay damages rate of KRW 23% per annum, and lent KRW 20 million to the Defendant on the same day.
(hereinafter “instant claim”). (b)
D on November 26, 1998, transferred the instant claim to E Co., Ltd. (hereinafter “E”) and notified the Defendant of the assignment of claim on March 17, 1999.
C. As of December 15, 1999, the amount of credit against the Defendant E was KRW 29,829,494 (the balance of the leased principal of KRW 16,267,854 or delay damages of KRW 13,561,640).
E transferred the instant claim to the Plaintiff on December 14, 200, and notified the Defendant of the assignment of claim on February 15, 2001.
E. On October 31, 2003, the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff.
On November 18, 2003, the Plaintiff sent a notice of assignment to the Defendant by content-certified mail.
The above notice of assignment of claims.