beta
Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. The defendant is against the plaintiff succeeding intervenor 17,905.
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 the defendant under 107 Dong Dong 1304, Yeonsu-gu Incheon, Incheon, where the defendant's domicile was the defendant, the court of first instance rendered a judgment in favor of the plaintiff on March 30, 2006 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 on the defendant on April 8, 2006, and the service of the certified copy of the judgment became effective on April 23, 2015, and the defendant became aware that the judgment of the first instance court was served by public notice after February 23, 2015. According to the above facts, the defendant could not observe the period of appeal due to any cause not attributable to himself, and thus, the defendant raised the appeal of this case from February 23, 2015 to February 27, 2015.
2. Facts of recognition;
A. On November 13, 1995, the Defendant filed an application for a credit card entry with the Japanese bank and received a credit card, but delayed the repayment of the credit card payment, and the Japanese bank filed a lawsuit against the Defendant on the card payment on November 13, 1995, and on December 6, 1995, the Seoul District Court rendered a judgment that “the Defendant would pay to the Plaintiff 8,361,117 won and 7,758,514 interest rate of 21% per annum until the full payment date until November 8, 1995” (hereinafter “the previous judgment”). The previous judgment of this case became final and conclusive as it is difficult.
B. On December 30, 199, Japan Bank transferred the above card price claim to the Liquidation Corporation, and notified the defendant of the assignment of claim on the same day, and on December 28, 2000, the Liquidation Bank Co., Ltd. issued the above card price to the plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation.