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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Basic facts
A. On April 30, 2003, the Plaintiff received from Hyundai Capital Co., Ltd. the Defendant’s father’s principal and interest of loan (on November 30, 2004, equivalent to KRW 11,410,952 as of November 30, 2004), the Defendant’s credit card payment principal and interest of the credit card loan from EL Card Co., Ltd. (on November 30, 2004, equivalent to KRW 26,284,306 as of November 30, 2004), the Defendant’s credit card loan interest and interest of the loan from Samsung Capital Co., Ltd. (on November 30, 2004, equivalent to KRW 7,594,098 as of November 30, 200), and notified his heir of each of the above credit card loans from the credit card transfer amount to KRW 13,119,307 as of November 30, 2004.
B. C died on May 22, 2004, and C’s inheritor is a spouse A and a defendant who is his/her spouse.
[Grounds for recognition] The entry of Gap evidence No. 2 and the purport of the whole argument
2. Determination on the legitimacy of the subsequent appeal
A. On December 30, 2014, the Plaintiff filed the instant lawsuit seeking the payment of the acquisition amount against the Defendant and the co-defendant A of the first instance trial.
At the time, the duplicate of the complaint against the defendant and A was served to both the defendant's mother and his legal representative, but it was impossible to serve both on January 10, 2005 and on January 10, 2005.
Therefore, the court of first instance conducted two or more special services upon the request of the plaintiff, but all of them were unable to be served due to the unknown directors. Ultimately, the duplicate of the complaint of this case against the defendant and A was served on April 30, 2005 by service by public notice upon the order of the court of first instance.
Since then, the first instance court sentenced the first instance court on July 20, 2005 after the date of pleading was served by public notice, and served on July 28, 2005 by means of service by public notice.