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(영문) 서울동부지방법원 2020.09.25 2019나2829
대여금
Text

The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. According to the record as to the legitimacy of an appeal for subsequent completion, the first instance court, after serving both a copy of the complaint and a notice of date for pleading against the defendant by public notice, proceeded with pleadings, and rendered a judgment accepting the Plaintiff’s claim on October 11, 2012, which also served on the Defendant on October 24, 2012 by means of service by public notice. The original of the judgment also served on the Defendant on October 24, 2012, and the Defendant becomes aware that the judgment of the first instance was served on October 4, 2019 by receiving an original copy of the judgment of the first instance on October 8, 2019, and thereby, filed an appeal for subsequent completion by public notice by public notice.

Therefore, since the defendant could not observe the peremptory period, which is the peremptory period, due to a cause not attributable to him, the appeal of this case filed within two weeks from the date on which the judgment of the court of first instance became aware of the fact by public notice is lawful.

2. The assertion and the judgment thereof

A. The plaintiff asserted that the plaintiff lent KRW 2 million to the defendant's wife around 2003 and received KRW 5 million from the defendant's wife, and the defendant either borrowed or jointly and severally guaranteed the debt of KRW 5 million. Thus, the defendant is jointly and severally liable to pay the remainder of KRW 15 million to the plaintiff and interest or delay damages.

B. Defendant C’s assertion borrowed money from the Plaintiff and entered the name of the Defendant in the loan certificate at will. Since the Defendant received a ruling of bankruptcy and exemption from liability from the court around 2011, the Defendant was exempted from liability for the Plaintiff’s claim that occurred prior to the said ruling of exemption from liability (hereinafter “instant claim”).

C. 1) Determination is based on the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

Article 423 shall be deemed bankruptcy claims in respect of property claims that accrue before the debtor is declared bankrupt, and Article 566 shall be deemed bankruptcy claims in respect of the debtor for whom immunity is granted.

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