beta
(영문) 수원지방법원 2015.02.05 2014나36075

대여금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. If a copy of the complaint, the original copy, etc. of the judgment regarding the legitimacy of the appeal of this case were served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to himself/herself, and thus, he/she may file an appeal of subsequent completion within two weeks (30 days if the cause was in a foreign country at the time when the cause ceases to exist) after

(2) According to the records of this case, the court of first instance rendered a judgment in favor of the Plaintiff on January 23, 2014 after serving a copy of the complaint against the Defendant and a notice of date for pleading by public notice. The original copy of the judgment also served the Defendant by means of service by public notice. The Defendant was aware of the fact that the first instance judgment was rendered on September 18, 2014 and filed an appeal for subsequent completion on September 26, 2014. According to the above facts of recognition, the first instance judgment was rendered without knowing the continuation of the lawsuit of this case, and the Defendant was not aware of the delivery of the judgment of the first instance without negligence by means of service by public notice. Thus, the court of first instance satisfied the requirements for subsequent completion of the litigation of this case within two weeks from the date on which the Defendant became aware of the fact that the original copy of the judgment was rendered by public notice.

2. Judgment on the parties’ assertion

A. The plaintiff's assertion that the plaintiff lent KRW 13.5 million to the defendant, and the defendant asserts that he is obligated to pay the above loan KRW 13.5 million to the plaintiff, and that the defendant only received the above money in return for purchasing the passbook for subscription, and that it does not borrow the above money from the plaintiff.

(b).