1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit and the plaintiff's successor's lawsuit added to the trial court are all filed.

1. On March 25, 2011, the court of first instance rendered a favorable judgment against the Defendant on the lawfulness of the subsequent appeal by serving a duplicate of the complaint, notification of the date of pleading, etc. on the Defendant by public notice, and rendered a favorable judgment against the Plaintiff. The original copy of the judgment also served on the Defendant by public notice.

Therefore, the defendant was unable to comply with the peremptory period due to the reason that the defendant could not be held liable because he was unaware of the delivery of the judgment without negligence.

I would like to say.

According to the records, the judgment of the first instance court was rendered only when the defendant applied for perusal and duplication of the records of trial on January 27, 2016.

The appeal filed by the defendant on February 4, 2016, which was within 14 days from the above, is lawful as satisfying the requirements for subsequent completion of procedural acts.

2. The parties' assertion

A. The plaintiff and the plaintiff's successor's assertion that the defendant concluded a contract with Samsung Card Co., Ltd. to join the credit card holders, and did not pay KRW 7,632,150 until May 18, 200 after doing cash service, card loan, installment transaction, etc.

(hereinafter “instant claim”). The Plaintiff and the Plaintiff’s succeeding intervenor transferred the instant claim from the obligees to whom Samsung Card Co., Ltd. transferred the instant claim, and notified the Defendant of the transfer.

Therefore, the defendant is obligated to pay the claim of this case to the plaintiff and the plaintiff succeeding intervenor.

B. The Defendant’s claim 1) The extinctive prescription of the instant claim was completed. 2) The Defendant received bankruptcy and immunity on December 22, 2010, and the effect of immunity extends to the instant claim.

3. According to the purport of the written evidence Nos. 1 through 3 and the entire pleadings, the Defendant was declared bankrupt, and the Defendant was granted decision to grant immunity on December 22, 2010 (in the case of Incheon District Court 2009Da6636), and the decision becomes final and conclusive on January 6, 2011, and the list of creditors of the decision to grant immunity is below the Korea-Japan Specialized Company for the First Asset-Backed Securitization of Korea, which occurred around 199.