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(영문) 부산지방법원 2020.02.13 2019나4431

약정금

Text

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. In the first instance court’s determination as to the legitimacy of an appeal for subsequent completion, all litigation documents, such as a copy of complaint against the defendant and a notice of date for pleading, have been served by public notice, and pleadings have been proceeded with. On February 14, 2014, the judgment rendered in favor of the plaintiff on the defendant was also served on the defendant by public notice. The original copy of the judgment of the first instance court was also served on the defendant by public notice. The defendant knew that he/she was declared a judgment of the first instance court on August 21, 2019, by filing an application for perusal or duplication of the records of the first instance court on August 21, 2019, which was not known that the defendant was declared a judgment of the first instance court. The fact that the court submitted a written appeal for subsequent completion to the court of first instance on September 4, 2019, which is within

In such a case, it is reasonable to deem that the defendant was unable to observe the peremptory appeal period, due to failure to know the progress and result of the lawsuit in this case due to a cause not attributable to himself. Therefore, the subsequent appeal in this case filed within two weeks after such cause ceases to exist is lawful.

2. Comprehensively taking into account the overall purport of each statement and pleading of Gap's evidence Nos. 1 and 2 (written promise, written promise, the defendant's defense that each of the above documents were forged by the plaintiff and the non-party H, but no evidence exists to acknowledge it), as to the merits, the plaintiff entered into an agreement on behalf of the non-party company, defendant, and the non-party company's joint defendant E (hereinafter "E") on July 21, 2005, 500 out of the shares of the non-party company owned by the plaintiff, 400 shares with the defendant, 400 shares, and the transfer proceeds are transferred to E, respectively, to the non-party company's loan obligations of KRW 20 million against the non-party company's Eul and the debt obligation of KRW 16 million against the non-party company's G company's company's non-party company's non-party company's non-party company's non-party company's non-party company's joint and several surety obligation of KRW 16 million.