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(영문) 창원지방법원 2020.10.15 2019나4032
대여금
Text

1. Revocation of a judgment of the first instance;

The plaintiff's claim is dismissed.

2. The defendant shall be jointly and severally with D.

Reasons

1. On April 21, 2010, the court of first instance rendered a judgment accepting the Plaintiff’s claim on April 28, 2010 and served the Defendant by public notice, a duplicate of the complaint, a notice of the date for pleading, etc. by public notice. On April 21, 2010, the court rendered a judgment accepting the Plaintiff’s claim. The original judgment also served on the Defendant by public notice

Accordingly, the Defendant could not comply with the filing period, which is a peremptory term, due to a cause not attributable to himself/herself, and submitted a written appeal to the court of first instance only after September 5, 2019.

The Defendant received an authentic copy of the judgment of the first instance before submitting a written appeal for subsequent completion.

(2) No materials shall be deemed to have been inspected.

Therefore, the appeal of this case is lawful by satisfying the requirements for the subsequent completion of the litigation.

2. Facts of recognition;

A. On November 17, 1992, the Plaintiff extended loans to D for self-reliance by setting the lending limit of KRW 20,000,000, interest rate of KRW 14% per annum, and the transaction period of November 17, 1994 (hereinafter “the lending of this case”). The Plaintiff is called “the lending of this case”).

(2) On November 16, 1994, the Plaintiff filed a lawsuit against the Defendant and D seeking payment of the instant loan from the day following the expiration of the commercial prescription period of November 17, 1994 to June 4, 1999, by applying the changed interest rate to the time when the interest rate is changed, and by deducting the interest or damages for delay from the self-reliance deposit, or by adding it to the loan account. The Defendant jointly and severally guaranteed the said debt amount to KRW 30,00,000. The principal and interest of the instant loan as of November 16, 1994 is KRW 20,786,558. 2) The Plaintiff filed a lawsuit against the Defendant and D for payment of the instant loan from the day after the expiration of five years from the commercial prescription period of the instant loan claim to the day after the expiration of 99Da6957, Jun. 4, 199, the court held on December 30, 199 as follows:

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