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(영문) 서울동부지방법원 2016.10.14 2016나1733
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. Judgment on the legitimacy of the subsequent appeal

A. The Defendant asserts that: (a) the facts of the instant lawsuit or the facts of the pronouncement of the judgment are entirely known; (b) on March 8, 2016, the first instance court became aware of the instant judgment; and (c) subsequently filed an appeal after the subsequent completion of the instant lawsuit on March 18, 2016, which is two weeks from the date the first instance court became aware of the instant judgment.

The Plaintiff, on February 29, 2016, issued the judgment of the first instance court of this case on February 29, 2016, and thus, asserts that the appeal following the subsequent completion of this case is unlawful.

B. 1) On July 23, 2009, the court of first instance rendered a favorable judgment against the Defendant by serving a duplicate of the complaint and the notice of the date of pleading on the Defendant by public notice, and subsequently rendered a favorable judgment against the Plaintiff on July 23, 2009, and the original copy of the judgment was also served on the Defendant by public notice. 2) On February 29, 2016, the Defendant inquired the Plaintiff into credit information and confirmed the Plaintiff’s obligation, and prepared a written consent to request the provision of financial transaction information, and received the instant first instance judgment from the Plaintiff on the same day.

3) On March 18, 2016, the Defendant filed an appeal subsequent to the subsequent completion of the instant case on March 18, 2016. [In the absence of any dispute or significant grounds for recognition, entry in the evidence Nos. 1, 2, and 3, and Nos. 1 and 2, and the purport

C. If a copy of the complaint of judgment, the original copy of the judgment, etc. was 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 may file an appeal subsequent to subsequent completion within two weeks (30 days in the case of a party in a foreign country at the time the cause ceases to exist) from the date on which the cause ceases to exist, by falling under the case where

The "date on which a cause ceases to exist" means the date on which a party or legal representative becomes aware of the fact that a judgment was rendered, and the judgment was served by means of service by public notice.

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