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(영문) 울산지방법원 2018.08.23 2017나25789
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. At the time that the Plaintiff was granted a loan of KRW 20 million from the monthly credit cooperative for business funds, D et al., and D et al. were jointly and severally guaranteed. However, on January 17, 2007, the monthly credit cooperative, which the Plaintiff did not pay the above loan, filed a lawsuit against the Plaintiff and D et al. for the payment of the above loan, and was sentenced to the judgment accepting the above claim on June 5, 2007.

(Ulsan District Court 2007Gaso6089). D, as a joint and several surety, subrogated to the monthly credit union totaling KRW 20,496,638 from November 7, 2008 to May 28, 2013.

B. On April 22, 2015, D brought an action against the Plaintiff seeking reimbursement for the said subrogation.

(Ulsan District Court 2015Kadan9522). However, when a copy, etc. of the complaint against the plaintiff was impossible to serve several times due to the absence of closure, the court ordered service by public notice on July 13, 2015, and served a copy of the complaint and a notice on the date for pleading by public notice, etc., and ordered D to pay damages for delay on September 18, 2015, after closing pleadings while the plaintiff was absent.

(hereinafter referred to as “judgment in a prior suit”). (c)

On September 23, 2015, the original judgment of the previous suit was served on the Plaintiff by public notice, and the judgment of the previous suit became final and conclusive on October 7, 2015.

After that, the Plaintiff was issued a certified copy of the judgment in the previous suit on November 3, 2015.

Around November 2, 2015, the Plaintiff introduced Defendant B, who was working as a secretary at a certified judicial scrivener office, and requested Defendant B to prepare and submit a written appeal for the judgment of the previous suit. In return, the Plaintiff remitted KRW 300,000 on the same day.

E. However, Defendant B did not submit a petition of appeal to the effect that the appeal period for subsequent completion against the judgment of the previous suit is too excessive.

After all, the Plaintiff did not dispute the judgment of the previous suit, and paid 9.7 million won to D on January 23, 2017 at the end of consultation with D.

[Ground of recognition] A.

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