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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the records of this case as to the legitimacy of the appeal, when the complaint of this case against the defendant was sent to G Apartment G apartment in Dongjak-gu, Seoul, 102 Dong 2103 at the defendant's resident registration address, the court of first instance rendered a judgment in favor of the plaintiff on April 10, 2014 after serving the complaint of this case and the notice of the date for pleading by public notice, and the above certified copy of the judgment also became effective as service to the defendant on April 12, 2014. The defendant became aware that the judgment of first instance was rendered on June 9, 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 was unable to comply with the period of appeal since he was aware of the progress and result of the lawsuit of the first instance from June 9, 2014 to June 1, 2014.
2. Judgment on the merits
A. Underlying facts (i) B was issued and used a credit card on November 27, 2001 by Korea Standards Bank (hereinafter “Non-Party Bank”) and received each credit card loan around November 11, 201 and February 15, 201.
B. On March 31, 2012, Nonparty Bank transferred each of the above claims (a total of KRW 9,963,552, interest, etc.) against B to the Plaintiff, and notified B of the transfer of the above claim on May 3, 2012.
Referencely, the Plaintiff filed a lawsuit against B and filed a lawsuit seeking payment of each of the above claims under Seoul Eastern District Court Decision 2013 Ghana301428, Jul. 18, 2013, and was sentenced to a favorable judgment ordering payment of KRW 13,085,728 from the above court and KRW 9,963,552 from the above court to the date of full payment.
Applicant B sells, on November 10, 201, the real estate indicated in the separate sheet (hereinafter “instant real estate”) between the Defendant and the Defendant at KRW 450,000,000.