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(영문) 서울중앙지방법원 2019.08.23 2018나84784
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. On December 17, 2015, the court of first instance rendered a judgment in favor of the Plaintiff on December 17, 2015, after a copy of the complaint of this case against the Defendant and the notice of the date of pleading, etc., against the Defendant, were served by public notice, and the pleading was proceeded with. The original copy of the judgment of the first instance also served on the Defendant by public notice, and the Defendant filed the instant appeal on December 21, 2018 with the knowledge that the said judgment was served by being served with a guide for debt settlement support from the Plaintiff on December 17, 2018, with the knowledge that the said judgment was pronounced on December 21, 2018.

In such a case, the defendant was unable to observe the peremptory appeal period because he was unaware of the progress and result of the lawsuit of this case due to a cause not attributable to himself. Thus, the appeal of this case filed within two weeks after the cause has ceased to exist is lawful.

2. Basic facts

A. (B) On September 20, 200, the card loan agreement between the Defendant and the credit card loan agreement between Company B (hereinafter “B”) and the credit loan agreement between the Defendant that set forth 10,000,000 won and 16% per annum on September 25, 2001, and on the same day, the loan agreement was concluded between the Defendant and the Defendant.

The loan of this case is referred to as the "loan of this case"

D. On September 20, 2003, B transferred the claim for the loan of this case to the Plaintiff, and sent a notice on the assignment of the above claim by content-certified mail to the Defendant on November 25, 2003.

B. It is called C 'C' and 'C' only.

(1) On September 18, 200, C entered into a credit card use transaction agreement with the Defendant on September 18, 200, and issued and delivered a credit card to the Defendant at that time. On November 28, 2000, the Defendant was “the credit card price of this case” and “the credit card price of this case below KRW 1,582,212 in total as a lump-sum payment and cash service.

A. The use was made.

See C The Plaintiff on June 30, 2003.

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