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(영문) 부산지방법원 2018.11.09 2018나42740
대여금 등
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. Determination on the legitimacy of a subsequent appeal

(a)The following facts of recognition are apparent in, or obvious to, the record:

1) On September 28, 2016, the Plaintiff filed the instant lawsuit against G and C as Busan District Court 2016Kadan53585, Busan District Court. 2) The Plaintiff, upon the death of G, changed the Defendant to G’s heir, submitted a written application for correction of the indication of the party, purport of the claim, and a request for alteration of the cause of the claim on November 21, 2016. The first instance court served each of the above documents and copies of the written complaint as “Hasan-gu H apartment, 1505, the address of the Defendant,” and received them on November 29, 2016.

3. The first instance court shall be the same year on March 16, 2017.

4. 4. The notice of the date of pleading that was designated as the date of pleading on March 21, 2017 was served on the defendant’s domicile, and the defendant’s accommodation was received on March 21, 2017, but the defendant did not appear on the said date

4. The first instance court after April 4, 2017, as the address above, shall be the same year.

5. 30. Notice of the date of pleading with the content that the date of pleading has been designated as the date of pleading; and the same year on May 31, 2017;

7. On June 1, 2017, a notice of the date of pleading was served on which the date of pleading was designated as the date of pleading, and a written application for modification of the purport of the claim and the cause of the claim, and a preparatory document were served respectively, but it was impossible to serve each by the absence of a closed text, and each of the above documents

5) The Defendant was absent on the date of pleading on May 30, 2017 and July 18, 2017, and the first instance court concluded the pleadings on July 18, 2017. 6) The first instance court served the Defendant a notice of the sentencing date on July 18, 2017, but was not served on the Defendant on July 24, 2017, and sent it to the Defendant on July 28, 2017.

7. On September 5, 2017, the court of the first instance opened the date of pronouncement on August 22, 2017 and sentenced the Plaintiff to the judgment in favor of the Defendant. On September 20, 2017, the original of the judgment of the first instance to the Defendant was served on the Defendant at his/her address, but was not served on the Defendant due to lack of text, service by public notice of the original judgment of the first instance on September 20, 2017.

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