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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. According to the records on the legitimacy of the appeal for subsequent completion, the court of first instance is recognized to have filed an appeal for subsequent completion on January 31, 2017 with the knowledge of the fact that the original copy of the judgment was issued on January 25, 2017 and the first instance court was served on the Defendant by public notice after serving the notice of the copy of the complaint and the date for pleading of the instant case by public notice, and subsequently proceeding for pleadings on October 2, 2008, and the original copy of the judgment was also served by public notice.
If so, the defendant could not observe the appeal period due to a cause not attributable to him, and filed a subsequent appeal within two weeks after the cause ceases to exist, so the appeal of this case is lawful.
2. Determination as to the cause of action
A. 1) The defendant is a national bank corporation (hereinafter "national bank") from October 29, 2002 to September 13, 2003.
1) The Samsung Card Co., Ltd. (hereinafter referred to as “Tsung Card”) borrowed a total of KRW 10,344,149.
(2) On April 25, 2003, a national bank and Samsung Card were transferred to LG investment securities on October 24, 2003, and LG investment securities in succession to the Plaintiff. The Plaintiff notified the Defendant of the fact on the same day.
3) Meanwhile, as of October 24, 2003, the agreed rate applicable to the above bonds as of October 24, 2003 is 17% per annum. 【As a result of the instant court’s order to submit each of the financial transaction information on Samsung Card, the purport of the entire pleadings
B. According to the above facts of recognition, the defendant's interest rate of 17% per annum from October 25, 2003 to September 10, 2008, the delivery date of a copy of the complaint of this case from October 25, 2003 to September 10, 2008; the main text of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; and the main text of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26533, Sep. 25, 2015).