(영문) 울산지방법원 2019.01.24 2018나1711 | 리걸엔진

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(영문) 울산지방법원 2019.01.24 2018나1711

양수금

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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. According to the records on the legitimacy of the appeal for subsequent completion, the Plaintiff filed the instant lawsuit against the Defendant on May 2, 2008, and the first instance court rendered a favorable judgment against the Defendant on July 15, 2008, following the process of serving the service of the Defendant by public notice, and rendered a favorable judgment against the Plaintiff on July 15, 2008, and served by public notice on August 5, 2008, and the Defendant submitted a written final appeal to the first instance court on July 9, 2018.

According to the above facts, it is reasonable to view that the Defendant was unable to observe the period of appeal, which is a peremptory period, due to the Defendant’s failure to know the progress and result of the lawsuit due to a cause not attributable to himself, and that the first instance court was aware of the fact that the first instance court was served by means of service by public notice, around July 9, 2018, which submitted a written appeal for subsequent completion to the first instance court. Therefore, the appeal for subsequent completion filed

2. In full view of the purport of the entire pleadings as to the grounds of claim Gap's evidence Nos. 1 to 9, the defendant issued a credit card from C Co., Ltd. to bear the credit card payment amount of KRW 17,820,008 (credit card loans) in C, and C transferred the credit card payment claim to D Co., Ltd. on October 24, 2003, and D Co., Ltd. on the same day to the plaintiff on the same day, and at that time, notified the defendant of the assignment of the credit.

According to the above facts, the defendant is obligated to pay the amount of KRW 17,820,008 to the plaintiff who is the transferee of the above card price claim and the amount of KRW 17,820,008, as the plaintiff seeks, 17% per annum from October 25, 2003 to July 15, 2008, which is the sentencing date of the first instance court, and 20% per annum from the next day to the day of full payment.

3. The defendant's argument as to the defendant's assertion is alleged to the purport that the defendant's transfer to South Korea obtained credit cards under the name of the defendant, but the defendant's above assertion.

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