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(영문) 서울중앙지방법원 2016.07.13 2016나6599
대여금
Text

1. Revocation of a judgment of the first instance;

2. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

3...

Reasons

1. On October 11, 2006, the court of first instance rendered a judgment in favor of the Plaintiff on the following grounds: (a) whether the appeal for subsequent completion is lawful, by serving a copy of the complaint against the Defendant, a notice of the date of pleading, etc. by public notice; and (b) served the Defendant with the original copy of the judgment by public notice.

Therefore, the defendant was unable to comply with the peremptory period due to the reason that the defendant could not be held liable because he was unaware of the delivery of the judgment without negligence.

I would like to say.

According to the records, since the defendant was issued the original copy of the judgment on December 28, 2015, the defendant was found to have been sentenced to the judgment of the first instance court.

The appeal filed by the defendant on January 6, 2016, which was within 14 days from the above, is lawful as satisfying the requirements for subsequent completion of procedural acts.

2. On February 11, 2000, the judgment of the plaintiff and the plaintiff succeeding intervenor filed a loan to the defendant on February 11, 2000 by the Dongdong Credit Depository, Inc., and the plaintiff was appointed as the bankruptcy trustee, and the plaintiff asserted that the plaintiff transferred the above claim to the plaintiff succeeding intervenor.

On February 11, 2000, the evidence submitted by the plaintiff and the intervenor succeeding to the plaintiff is insufficient to recognize that the Dongdong Credit Credit Union Co., Ltd. lent KRW 1 million to the defendant on February 11, 200, and there is no other evidence to prove otherwise.

Therefore, all of the claims of the plaintiff and the plaintiff succeeding intervenor shall be dismissed as it is without merit, and the judgment of the court of first instance is unfair as it is so unfair, and the claims of the plaintiff and the plaintiff succeeding intervenor are all dismissed. It is so decided as per Disposition.

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