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(영문) 서울중앙지방법원 2015.04.02 2014나26711
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant shall be jointly and severally with the co-defendant B of the first instance trial.

Reasons

1. According to the records of this case as to the legitimacy of the appeal for subsequent completion, when the complaint of this case against the defendant was sent to the defendant under the Cheongju-gu Section 203 where the defendant had his domicile on his resident registration, the court of first instance rendered a favorable judgment on December 5, 2003 after serving the complaint of this case and the notice of the date of pleading by public notice. The above original copy of the judgment also served on the defendant on the service of the defendant on December 23, 2003, and the service of the original copy of the judgment became effective on December 16, 2013, and the defendant became aware that the first instance court was sentenced on December 16, 2013. Accordingly, according to the above facts, the defendant could not observe the period of appeal due to any cause not attributable to himself, and thus, the defendant raised the appeal of this case from December 16, 2013 to December 24, 2013.

2. Basic facts

A. On March 22, 199, the Chungcheong Bank agreed against the Defendant to pay monthly interest calculated at the rate of 20,000,000 on October 8, 1997 with respect to the above loans to the Defendant and to pay monthly interest calculated at the rate as determined by the Chungcheong Bank as to the above loans. If delay is made for one month from the due date, the interest shall lose the due date and the delay damages calculated at the rate as determined by the Chungcheong Bank as to each loan shall be added to the interest calculated at the rate of 15.8% per annum from the following day of September 8, 1998 to October 7, 198. The Defendant shall delay the payment of the above loans from September 8, 1998, and shall delay delay damages from the following day of the agreement to the due date of October 28, 1998 to the due date.

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