beta
(영문) 서울북부지방법원 2020.11.12 2019나39575

양수금

Text

1. The defendant's appeal and the plaintiff's successor's application for intervention are all dismissed.

2. Costs of lawsuit after an appeal is filed.

Reasons

1. Determination on the legitimacy of a subsequent appeal

(a) The following facts may be acknowledged in accordance with the purport of each entry and the whole pleadings of Gap evidence Nos. 14 to 18, which are apparent in the record:

1) On February 10, 2014, the Plaintiff filed an application with the Seoul Northern District Court for the instant payment order against the Defendant, and the said court issued the payment order, and subsequently decided to refer the original copy of the payment order to the Defendant to the lawsuit on May 13, 2014. After that, the first instance court served the Defendant with litigation documents, such as a duplicate of the application for the instant payment order and the notice of the date for pleading, by public notice, on September 3, 2014, the first instance court proceeded with the first date for pleading while the Defendant was absent, and closed the pleadings, and served the Defendant with the method of service by public notice on September 24, 2014. 2) After which the Plaintiff filed an application with the Defendant for delivery of the execution clause to the Defendant on the ground that the original copy of the judgment was transferred from the Plaintiff, and the said judgment was not delivered to the Defendant on November 11, 2018, on the ground that the Defendant succeeded to the execution clause on the ground that it did not succeed to the execution clause.

3 The Defendant filed an appeal for the subsequent completion on November 13, 2019.

B. According to the above facts, it is reasonable to view that the Defendant was aware of the fact that the judgment of the first instance was served by means of service by public notice upon receiving a certified copy of the instant succeeding execution clause directly from June 12, 2019. Since the Defendant filed the instant subsequent appeal on November 13, 2019, much more than two weeks had passed, the Defendant’s appeal was filed in excess of the subsequent period.