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(영문) 의정부지방법원 2018.12.07 2018나1293
대여금
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 as to the plaintiff's defense of this case's improper appeal for subsequent completion

A. 1) On August 14, 2014, the Plaintiff filed an application with the Defendant for a payment order claiming a loan of KRW 4,000,000 and delay damages (or KRW 2014Da3092). The above court issued a payment order to the Defendant on August 29, 2014, but the original copy, etc. of the payment order was not served due to the absence of documents, etc., and the Plaintiff filed an application for lawsuit pursuant to Article 466(1) of the Civil Procedure Act with the Defendant on December 1, 2014, and the litigation procedure was initiated (or Seo-gu District Court 2014Da4625). On January 8, 2015, the court of first instance rendered a favorable judgment to the Defendant on January 2015, 2015, and delivered a copy, etc. of the complaint to the Defendant on May 15, 2015, as the date of pleading no later than the Defendant’s address.

3) On February 14, 2018, the Defendant filed an appeal for the instant subsequent completion on February 14, 2018. [The purport of the instant appeal for subsequent completion is as follows.]

B. Appellants shall file an appeal within two weeks from the day when the original copy of the judgment of the court of first instance was served, unless there exist special circumstances, such as the service of the original copy of the judgment of the court of first instance is null and void (Article 396 of the Civil Procedure Act). If a party is unable to comply with the peremptory period due to a cause not attributable to himself/herself, the litigation may be supplemented within two weeks from the day when such cause ceases to exist (Article 173(1)2 of the Civil Procedure Act).

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