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(영문) 서울중앙지방법원 2018.08.31 2018나16798
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 19, 2014, the court of first instance on whether an appeal for the completion of the appeal is lawful, and on the record, the fact that the original copy of the judgment was served by public notice on December 10, 2014, after serving a copy of the complaint against the defendant, a notice of the date of pleading, etc. on the defendant by public notice.

On the other hand, after having perused the judgment of the first instance on February 22, 2018, the Defendant came to know that the judgment of the first instance was served by public notice, and filed an appeal for subsequent completion on February 28, 2018.

Therefore, since the defendant failed to observe the appeal period, which is the peremptory period, due to a cause not attributable to the defendant, the appeal of this case filed within two weeks from the date on which the court of first instance became aware of the fact by public notice is lawful.

2. Facts of recognition;

A. On November 19, 2001, the Defendant was granted a loan of KRW 3 million at an interest rate of KRW 98.55% per annum, interest rate of delay damages, 127.75% per annum, and at November 19, 2006 as of November 19, 2006.

B. On April 2, 2007, professional Legs Co., Ltd. changed its trade name to R&C Capital, Co., Ltd., Ltd., and merged with women Egydydyd, Apro-consumer financial company, etc. on August 31, 2007, and the trade name was changed to Egydydydydy social company on January 7, 2008, and Egydydydydy social loan company on December 22, 2009.

C. On March 31, 2006, E&P lending Co., Ltd. transferred each of the instant loans to the Defendant on February 22, 2014, and on February 22, 2014, E&P lending Co., Ltd. transferred each of the instant loans to the Plaintiff.

The plaintiff stated in the complaint of this case that the above assignment of claim was made, submitted a notice of assignment of claim (Evidence A2) as evidence, and each of the above documents was served on the defendant.

E. Meanwhile, at the time of the Plaintiff’s acquisition of the instant loan claims, the principal amount of the instant loan remains 2,868,587 won.

[Reasons for Recognition] There is no dispute;

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