양수금
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.
1. The plaintiff's successor to the plaintiff's appeal is unlawful since the plaintiff's successor to the plaintiff's appeal on the legitimacy of the appeal on the plaintiff's appeal on the merits, we examine the defendant's appeal on the legitimacy of the appeal on the merits
A. 1) On March 25, 2010, the first instance court served a copy of the complaint of this case (an application for payment order) and a guide of lawsuit on the defendant, and on March 31, 2010, a notice of the date of pleading on the date of pleading by public notice and proceeding the pleading on May 13, 2010, and thereafter, requested by the plaintiff on May 13, 2010 (hereinafter “instant claim”).
(2) On March 11, 2011, the Plaintiff rendered a favorable judgment against the Plaintiff, and the original copy of the judgment was served on the Defendant by public notice. (2) On May 15, 201, the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff.
Accordingly, on April 27, 2016, the Plaintiff’s succeeding intervenor applied for grant of the succeeding execution clause to the judgment of the first instance court. On July 27, 2016, the above court granted the succeeding execution clause to the Plaintiff’s succeeding intervenor, while sending a certified copy of the succeeding execution clause to the Defendant on the same day. The Defendant received a certified copy of the succeeding execution clause directly on July 29, 2016.
3) On November 15, 2016, the Defendant filed an appeal for the subsequent completion of the instant case. [The fact that there is no dispute over the grounds for recognition, the fact in the record, the entry in the evidence No. 1, and the purport of the entire pleadings]
B. Article 173(1) of the Civil Procedure Act provides that "where a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the litigation in his negligence within two weeks from the date on which such cause ceases to exist," and "where the first instance judgment was served by public notice, the time when the cause ceases to exist" under Article 173(1) of the Civil Procedure Act means the time when the defendant was not simply aware of the fact that the judgment was rendered, but the fact that the judgment was served by public notice was served by public notice. In ordinary cases, the defendant's records of the case concerned.