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(영문) 부산지방법원 2016.10.13 2015나15853
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The defendant concluded an agreement with the financial institution on May 25, 200, on the loan of 14,749 won 104,749 won 104,704 won 209,789,700 won general loan of 3,980,000 won 3,870,750,750 won 7,850,750 won 7,750,750 won 97, 97, 97, 197, 197, 197, 197, 207, 197, 197, 194, 207, 207, 321, 321, 21, 321, 984, 91, 305, 301, 305, 196, 194, 196, 207, 305, 1405, 1, 14

(2) The Plaintiff is obligated to pay to the Plaintiff the sum of the principal and interest of the loan and the credit card use fee claims (hereinafter “the instant claim”). Since the Plaintiff acquired or transferred the instant claim from each financial institution on or around May 13, 2005, and received notification of the transfer of claims, the Defendant is obligated to pay the Plaintiff the sum of the principal and interest of the loan and the delayed payment damages.

2. Determination on the legitimacy of the subsequent appeal

A. The term “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act means the reasons why the party could not comply with the period even though the party had fulfilled its duty of care to conduct a procedural act.

In a case where a document of lawsuit is served by public notice because it is normally impossible to serve the document of lawsuit in the course of the lawsuit, the party is obligated to investigate the progress of the lawsuit by public notice, even if the first copy of the complaint was served by public notice.

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