logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.10 2014나42065
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. Whether an appeal subsequent to subsequent completion is lawful, the court of first instance rendered a favorable judgment against the defendant on April 24, 2014 after delivering a copy of the complaint and the notice of the date for pleading to the defendant by service by public notice, and rendered a judgment in favor of the plaintiff on April 24, 2014. On May 15, 2014, the original copy of the judgment also served on the defendant by public notice, and the defendant was unaware of the fact that the judgment of first instance was pronounced. Upon being informed of the fact that the judgment of first instance was rendered by the plaintiff on July 25, 2014, the fact that the court filed an appeal subsequent to subsequent completion of the judgment of the first instance was clearly recorded in the record or recognized by comprehensively taking into account the overall purport of the arguments. Accordingly, the appeal filed by the defendant on July 29, 2014 is lawful because the failure of the defendant to observe the peremptory period for filing a lawsuit by public notice of the first instance court was due to any cause not attributable to the defendant.

2. In full view of the purport of the arguments in Gap evidence Nos. 1-1, 2, 2, 2, 3, and 4 as to the cause of the claim, the defendant bears 4,285,645 won of credit card loans on October 9, 200 and 4, the credit card price of EL branch Co., Ltd. (hereinafter "EL branch card") as of November 21, 200, and 4,285,645 won. The EL branch card transferred the above credit card price and credit card loan claims to the plaintiff on May 13, 2005, and notified the defendant of the above assignment of the credit card claim at that time. The rate of delay damages determined by the plaintiff is 17% per annum from April 1, 2005 to the date, 17, 396 won per annum, 2815 won per annum, 281, 36185 won per annum, 285 won per annum, 361685 won per annum.

arrow