logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.14 2017나10441
양수금
Text

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.

Reasons

1. Determination on the legitimacy of the defendant's appeal for the subsequent completion of appeal

A. 1) On December 1, 2009, the Plaintiff filed the instant lawsuit against the Defendant. The court of first instance, on April 22, 2010, served the Defendant with litigation documents, such as a duplicate of the instant complaint and a notice of date for pleading, by public notice, on the grounds that the decision on performance recommendation against the Defendant was not served as an addressee. On April 30, 2010, the Plaintiff’s first date for pleading is proceeding with the Defendant’s absence on April 30, 2010, closed the pleadings, and closed the pleadings, and thereafter, the Plaintiff’s claim for the amount of acquisition (hereinafter “instant claim”).

(2) On May 18, 2010, the court of first instance rendered a favorable judgment against the Plaintiff. On May 19, 2010, the original judgment was served to the Defendant by public notice, and on May 19, 2010, the judgment of the court of first instance became formally final and conclusive on June 2, 2010.

3) On October 20, 2010, the Plaintiff (hereinafter “TNNF”) is a TNF loan company around October 20, 201.

(2) On April 19, 201, the instant claim was transferred to the Defendant. Accordingly, on April 19, 201, the instant claim was transferred to the instant court. On April 29, 2011, the instant court filed an application for grant of the succeeding execution clause with respect to the judgment of the first instance court. On June 7, 2011, the instant court granted the succeeding execution clause to the Defendant. On June 13, 2011, the Defendant received a certified copy of the succeeding execution clause directly. 4) The Defendant filed an appeal for the instant subsequent completion around January 13, 2017.

[Reasons for Recognition] Cleared Facts in records, entry of Gap evidence 1 to 4, the purport of the whole pleadings

B. Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist, and the first instance judgment served on him/her by public notice.”

arrow