logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.11.21 2018나923
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. Whether an appeal for subsequent completion is lawful or not, the court of first instance rendered a judgment citing the Plaintiff’s claim on July 3, 2015, after serving a copy of the complaint against the Defendant, a notice of the date of pleading, etc. by public notice, on the date of pleading against the Defendant, and then serving the original copy of the judgment by public notice on the Defendant on July 16, 2015, is apparent in the record.

On the other hand, after having perused the judgment of the first instance on May 4, 2018, the Defendant discovered that the judgment of the first instance was served by public notice, and filed an appeal for subsequent completion on May 8, 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 September 1, 199, the Defendant concluded a credit card use contract with Jeju Bank, and agreed to pay the credit card use fee by settling it on the 25th day of each month, and by applying the overdue interest rate of 25% to the total amount of the use fee when the payment was not made, when the payment was not made, or when the payment was lost or when the benefit of time was lost.

B. The Defendant, upon delinquency in paying the credit card fee, lost membership in around 2002, and the credit card use contract was terminated at that time.

C. On January 5, 2005, Jeju Bank transferred the credit card usage principal amount of KRW 2,799,207 (hereinafter “instant credit card purchase amount claim”) to the Defendant to the Global MC Co., Ltd., and notified the Defendant of the assignment of the credit card assignment. Global MC Co., Ltd transferred the instant credit card purchase amount claim to the Plaintiff on March 5, 2005, and notified the Defendant of the assignment of the credit card purchase amount.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including branch numbers for those with additional numbers) and the purport of the whole pleadings

3. Determination

A. Determination as to the cause of the claim.

arrow