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(영문) 서울고등법원 2018.10.12 2017나18967

대여금

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. Determination on the legitimacy of a subsequent appeal

(a)The facts below the acknowledged facts may be recognized in the records or in full view of the purpose of the entire pleadings.

1) On December 11, 2009, the Plaintiff filed the instant lawsuit seeking the payment of the loan against the Defendant, and the first instance court served the duplicate of the complaint and the litigation guide to Gangnam-gu Seoul, which is the seat of the Defendant’s principal office, on December 28, 2009, and received them by the Defendant’s general affairs supervisor L on December 28, 2009. (2) When the Defendant did not submit a written response, the first instance court served the notice of the sentencing date ( March 17, 2010) as the said seat, and received it by the Defendant’s general affairs supervisor L on March 10, 2010.

After that, when the plaintiff changed the purport of the claim and the cause of the claim, the first instance court served the copy of the application for change of the purport of the claim and the cause of the claim and the notice of the sentencing date ( April 7, 2010) as the above location without rendering a judgment on the date of the judgment above. On March 25, 2010 and March 29, 2010, the defendant's general affairs supervisor M and L received each of them.

3) On April 7, 2010, the first instance court sentenced the judgment of the first instance court that fully accepted the Plaintiff’s claim, and served the original copy of the judgment as the location above, and on April 14, 2010, the Defendant received the Defendant’s general affairs supervisor N. 4. The Defendant submitted a written appeal for subsequent completion on May 8, 2017, which was the expiration of the appeal period against the judgment of the first instance.

5) Meanwhile, in the case where the Plaintiff sought the payment of wages against the Defendant (Seoul Central District Court 2009Da120366, 2010da2358, 2010du6334), the above court served the original of the payment order, recommendation, a certified copy of the draft order, a certified copy of the conciliation return decision, a certified copy of the date of conciliation, a notice of the date of conciliation, a written application for modification of the purport of the claim, a certified copy of the decision substituting the conciliation, and a certified copy of the decision substituting the conciliation, respectively, as the above location. From December 9, 2009 to May 13, 2010, the above court received the Defendant’s general affairs O, L, N, and M, respectively (other than the above case, until the P, the representative director of the Defendant at the time, is detained on October 2010.