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Reasons
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(영문) 서울중앙지방법원 2018.06.15 2017나84725
대여금
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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 3,00,000 won to the intervenor succeeding to the plaintiff and its corresponding amount.

Reasons

1. The court of first instance as to whether the appeal for subsequent completion is lawful is the fact that the court rendered a judgment citing the Plaintiff’s claim on January 4, 2008 on January 17, 2008 after serving a copy of the complaint against the Defendant, a notice of the date of pleading, etc. by public notice, and the fact that the original copy of the judgment was served by public notice on January 17, 2008 is obvious

On the other hand, the Defendant, after being issued an original copy of the judgment of the first instance on November 1, 2017, became aware that the judgment of the first instance was served by public notice, filed an appeal for subsequent completion on November 7, 2017.

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 January 18, 2002, the Plaintiff loaned 3,000,000 won to the Defendant at the maturity of 13.5% per annum on January 18, 2003 and at the rate of 18% per annum on delay damages (hereinafter “instant loan”).

B. On November 29, 2007, the Plaintiff: (a) on December 20, 2007, Korea EF&A Co., Ltd.: (b) on December 20, 2007, Korea Ef&A Co., Ltd.: (c) on the part of Korea Ef&A; (d) on July 16, 2010, Korea Ef&A’s limited liability company specializing in Ef&A’s asset-backed securitization, and (e) on the part of DFC Co., Ltd. (Seoul Asset Management Co., Ltd.); (b) on July 16, 2010, DFC loans Co., Ltd transferred the instant loan claims to the Intervenor succeeding to the Plaintiff on January 17, 2012; and (c) at that time, each of

C. From Jun. 21, 2003, the Defendant filed the instant lawsuit on Nov. 21, 2007, and the Plaintiff paid 3,000,000 won to the Plaintiff and 19% interest per annum from Jun. 21, 2003 to Jan. 1, 2008.

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