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(영문) 서울중앙지방법원 2016.09.01 2016나15777
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

[Claim]

Reasons

1. Review of the record on the legitimacy of a subsequent appeal reveals the following facts.

In the first instance court, a copy of the complaint of this case and the date of pleading against the Defendants were served by service by public notice, and the pleading was proceeded. On September 4, 2014, the judgment was rendered in favor of the Plaintiff, and the original copy of the judgment was also served on the Defendant by public notice.

However, the Defendant, on January 27, 2016, becomes aware of the progress of the instant pleadings and the pronouncement of the judgment, only after confirming that the judgment was rendered after the Jeonju District Court 2016TTTTT288, which became final and conclusive on January 28, 2016, and became final and conclusive on January 28, 2016, which was within 14 days thereafter.

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 reasoning of the judgment on the cause of the claim, the Defendant is obligated to pay the Plaintiff, the final transferee of credit card payment claims, the sum of the principal and interest of KRW 11,96,734 and delay damages for KRW 3,289,357.

On August 24, 1995, the Defendant concluded an agreement to join the credit card holders with the Japanese bank (hereinafter referred to as the “ Japanese bank”) and used the credit card by obtaining the credit card from the Japanese bank.

B. On December 30, 199, the Japan Bank transferred credit card payment claims against the Defendant (hereinafter “the instant claim”) to the Korea Asset Management Corporation. On December 30, 199, the Korea Asset Management Corporation transferred the instant claim to the Korea Asset Management Corporation.

On September 18, 2012, the Korea Asset Management Corporation transferred the instant claim to the Plaintiff again.

The plaintiff.

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