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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. As to the judgment of the first instance court which was rendered on May 28, 2008 by the Defendant, the Defendant filed an appeal for the subsequent completion of the appeal on June 28, 2018. In full view of the records and the purport of the entire pleadings in the instant case, the first instance court proceeded with the litigation by means of service from serving a copy of the complaint on the Defendant to serve a public notice, and the Defendant appears to have known of the fact that the judgment was rendered and the original copy of the judgment was served by service by public notice only on June 27, 2018. Thus, the subsequent completion appeal of this case filed within two weeks thereafter is lawful.
2. Facts of recognition;
A. On September 11, 2002, the Defendant entered into a contract with C Co., Ltd. and D Co., Ltd. on December 23, 2002, and with E Co., Ltd. on June 16, 2003 (hereinafter “Co., Ltd.”) and used each of the above credit cards, and began to delay each of the credit cards payment against D on March 23, 2003, and against C on June 5, 2003.
As of October 24, 2003, the card payment obligation owed by the Defendant to each of the above companies was KRW 3,166,510 for D, KRW 4,455,39 for E, KRW 4,250,546 for C.
B. C, D, and E transferred each credit card payment claim listed in the preceding paragraph to F Co., Ltd. on October 24, 2003, and F transferred each of the above claims to the Plaintiff on the same day, and around that time, notice of each of the above claims assignment was issued to the Defendant.
(hereinafter referred to as “the claim of this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through Gap evidence 15 (including branch numbers, if any) and the purport of the whole pleadings.
3. According to the above facts of determination as to the cause of the claim, the defendant sought an annual interest rate within the scope of agreed delay rate from October 25, 2003 to May 14, 2008, which is the delivery date of a copy of the complaint of this case, against the plaintiff as the transferee of each of the above cards (=3,166,510 won 4,455,39 won 4,250,546 won) and the above amount of each of the card.