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(영문) 서울서부지방법원 2018.11.22 2018나38939
환수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination on the legitimacy of a subsequent appeal (determination of the defendant's defense of this safety)

A. According to the facts-finding record, the following facts are recognized:

1) On April 10, 2017, the Plaintiff filed an application against the Defendant for a payment order claiming the payment of the amount to be recovered, such as the written claim, with Seoul Western District Court Decision 2017Hu27294 (hereinafter “Seoul Western District Court”). 2) Seoul Western District Court served the original of the payment order and the written instruction for demanding the payment procedure, etc. on the Seo-gu B and the first floor, the Defendant himself/herself was served on May 13, 2017.

3) On May 29, 2017, the Defendant filed a written objection against the above payment order with the Seoul Western District Court, and the instant case was implemented as a case of the first instance court in the demand procedure. 4) The first instance court intended to serve the Defendant a written notice of the date for pleading on August 21, 2017, but was not served due to the absence of closure, on September 1, 2017, the Defendant served the notice of the date for pleading to the Defendant by the method of delivery of the notice of the date for pleading on September 1, 2017, and concluded the pleadings on September 26, 2017

5) On September 27, 2017, the first instance court: (a) intended to serve a notice of the sentencing date on the Defendant on September 27, 2017; (b) also intended to serve the notice by means of serving the notice of the sentencing date on October 20, 2017, which was not served due to the absence of closure; and (c) declared a judgment accepting the Plaintiff’s claim on October 24, 2017; (b) served the original copy of the judgment to the Defendant; (c) however, on November 9, 2017, the first instance court served the original copy of the judgment by serving the Defendant by serving the notice by public notice on November 24, 2017.

7. On August 3, 2018, the Defendant received a written examination of the case on the defaulters' list, etc. from the Gwangju District Court 2018Kau51437, which was requested by the Plaintiff, and became aware of the judgment of the court of first instance, and received the original copy of the judgment on August 7, 2018, and filed the instant appeal on August 22, 2018.

B. The reason why the party cannot be held responsible under Article 173(1) of the Civil Procedure Act is concerned.

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