1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Review of the record on the legitimacy of an appeal for subsequent completion reveals the following facts.

In the first instance trial, a copy of the complaint of this case and the date of pleading against the defendant were served by service by public notice, and the pleading was proceeded, and the judgment in favor of the plaintiff was rendered on June 29, 201, and the original copy of the judgment was also served on the defendant by public notice.

However, the defendant is not aware of the progress of the pleadings and the pronouncement of the judgment in this case. On July 30, 2015, the defendant served the Seoul Central District Court 2015KaKao1988 in the procedure of filing an application for the entry in the defaulters' list, and the same year.

8. 10. Following the receipt of the judgment of the court of first instance on August 12, 2015, the first instance became aware of the said judgment, which became final and conclusive, and the subsequent appeal of this case was filed on August 12, 2015.

In such a case, barring any other special circumstances, it is reasonable to deem that the defendant was unable to observe the period of appeal, which is a peremptory term, by failing to know the progress and result of the instant lawsuit due to a cause not attributable to himself.

Therefore, the appeal of this case is lawful.

2. According to the facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 20% per annum, which is within the agreed interest rate from July 1, 2006 to the day of full payment, as requested by the Plaintiff, with respect to the total amount of principal and interest of loan of KRW 8,364,016 and the principal of loan of KRW 3,256,738, which is the principal of loan.

On February 18, 2002, Korea-Japan Mutual Savings Bank (former Korea-Japan Mutual Savings Bank) extended loans to the Defendant on the following terms:

In the case of an automatic passbook loan with the limit amounting to 2,00,000 won agreement period from February 18, 2002, 60% of the loan interest rate of 6 months from February 18, 2002 (72% of the annual interest rate), the amount exceeding the limit amount due to these resources, etc. shall be paid compensation for delay immediately.

(Article 2(4) of the Agreement on Credit Transactions. A comprehensive passbook loan shall be made.