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(영문) 전주지방법원 2018.04.12 2017나5504

양수금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

In fact, D filed a lawsuit against the defendant on February 23, 1998 against Jeonju District Court 98Kahap958, the Jeonju District Court rendered a judgment that "the defendant shall pay D the amount of 86 million won and the amount calculated by the rate of 25% per annum from February 28, 1998 to the date of full payment," and the above judgment became final and conclusive on March 24, 1999.

D on January 7, 2009, the claims based on the above judgment were transferred to the Plaintiff, and on the same day, the notice was sent to the Defendant by content-certified mail.

On February 2, 2009, the Plaintiff filed the instant lawsuit. On April 8, 2009, the court of first instance served a duplicate of the instant complaint to the Defendant by means of service by public notice, and served a favorable judgment of the Plaintiff on September 11, 2009. On September 15, 2009, the original copy of the judgment of the first instance was also served on the Defendant by public notice.

On November 23, 2016, the Plaintiff filed an application for the seizure and collection order with the former Jeju District Court 2016TT No. 8520 with the title of execution, which is the judgment of the first instance court on November 23, 2016. On November 25, 2016, the said court accepted the application and issued a seizure and collection order (hereinafter “instant claim seizure and collection order”) and served the original copy of the said judgment on the Defendant on December 1, 2016.

On March 21, 2017, the Plaintiff filed an application for reconsideration of the defaulters’ list, etc. against the Defendant with the Jeonju District Court 2017Kamin361, with the title of execution of the judgment of the first instance court on March 21, 2017, and the said court served the Defendant a written questioning on March 29, 201

On April 17, 2017, the defendant submitted a written appeal for the subsequent completion to the court of first instance.

[Ground of recognition] A without dispute, each entry of Gap evidence Nos. 1, 2, 3, and 5 (including provisional number), the obvious fact in this court, the purport of the whole pleadings, and in the case of appeal for subsequent completion of the legal principles as to the legitimacy of appeal for subsequent completion of the appeal of this case, the reason for subsequent completion is limited to the existence of the appeal, or it is not obvious to the court.