logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.27 2017나88192
양수금
Text

1. All appeals filed by the defendant (appointed party) and the appointed party B shall be dismissed;

2. The costs of appeal are assessed against the Defendant (Appointed Party).

Reasons

1. Determination on the legitimacy of a subsequent appeal

(a)The following facts of recognition are apparent or obvious to this Court in the records:

(1) On May 30, 2016, the Plaintiff filed an application with the Seoul Central District Court for a payment order under the Seoul Central District Court 2016 tea200511. When the original of the payment order was not served due to the unknown address, the original of the payment order was submitted to the litigation proceeding No. 2016Gaso614394.

(2) On August 26, 2016, the Plaintiff discovered the fact that C died before the application for payment order was filed, and changed the Defendant to A, D, E, B, and F, the heir of C, submitted a written application for correction of the indication of the party and the application for modification of the purport of the claim. On August 31, 2016, the court of first instance served each of the above documents and copies thereof on the Defendant (Appointed Party G), a domicile of the Defendant (Appointed Party) and served them on the Defendant (Appointed Party) and served them on the Defendant (Appointed Party) on August 31, 2016, and served them on B, a “Sedong-si H”, a domicile of the Appointed Party B, an execution officer.

(3) On July 25, 2017, the court of first instance: (a) designated the date of pleading on July 25, 2017 as the date of pleading; and (b) served the notice of the date of pleading on July 11, 2017 to the Defendant (Appointed Party) and the Appointed B; and (c) served the notice of the date of pleading on July 19, 2017, respectively.

(4) On July 25, 2017, the court of first instance concluded the pleadings and rendered a judgment in favor of the Plaintiff, as the Defendant (Appointed Party) and the Appointed B were not present on the date of pleading.

(5) On August 29, 2017, the court of first instance served the original copy of the judgment of the first instance on each domicile of the Defendant (Appointed Party A) and the Appointed B, but did not serve the original copy of the judgment, and served the original copy of the judgment of the first instance on August 29, 2017, and served each service on September 13, 2017, respectively.

(6) On December 1, 2017, Defendant (Appointed Party A) and Appointed B submitted the instant written appeal for the subsequent completion.

B. (1) Determination of the relevant legal principles (A) The “reasons for which a party is not liable” as stipulated in Article 173(1) of the Civil Procedure Act refers to a party’s procedural acts.

arrow