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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
Reasons
Judgment on this Safety Defense
A. On July 12, 2018, the Plaintiff’s summary of the Plaintiff’s assertion presented to the Defendant a payment order of the first instance judgment and the first and second documentary evidence as seen below. Since the Defendant clearly recognizes the existence of the judgment by public notice, the subsequent appeal filed on December 26, 2018, which was five months after the lapse of the said five months, was unlawful.
B. The facts of recognition (1) Around June 22, 2006, the Defendant borrowed from the Plaintiff 200,000,000 UN on September 29, 2006, 200,000 UN on December 17, 2006, 50,000 UN on January 18, 2007, and 300,000 UN on January 18, 2007, respectively. The Plaintiff and the Defendant drafted three loans in the latter part of 2007.
The main contents of each loan certificate shall be as follows:
① The loan certificate dated September 12, 2007 (hereinafter “the loan certificate in this case”): the loan amount is 1 million won per annum; 30% per annum; 2.10% per annum on November 12, 2007: the loan amount is 10 million won per annum; 30% per annum on November 10, 2007; 2. The loan certificate of October 10, 2007 (hereinafter “the first loan certificate”); the interest rate is 30% per annum; and the loan certificate of December 19, 207 (hereinafter “the second loan certificate”): the loan amount is the sum of the sum of the principal of the loan principal in this case and the interest on the first loan certificate in 300,000 UN on November 5, 207; 210,000 UN on December 19, 207.
(2) On January 19, 2008, the Plaintiff filed an application with the Defendant for a payment order under this Court No. 2009 tea9584 with respect to the instant loan certificate, but the original copy of the payment order was not served on the Defendant. In this case, this Court No. 2009 Ghana191260, the first instance court served a copy of the complaint, etc. on the Defendant, and closed the proceedings on January 15, 2010 and closed the proceedings on January 15, 2010, the Defendant is the Plaintiff at the rate of 30% per annum from November 13, 2007 to November 12, 2010, and 20% per annum from the next day to the day of full payment.