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(영문) 서울중앙지방법원 2015.10.08 2014나43341
대여금
Text

1. The appeal by the defendant A company shall be dismissed;

2. The money to be paid below among the judgments of the court of first instance.

Reasons

1. Determination as to the legitimacy of the Defendants’ subsequent appeal

A. Defendant A Co., Ltd. 1) The first instance court’s assertion of Defendant A Co., Ltd. 1 is the Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) The court of first instance, upon considering the following facts: (a) deemed that the copy, etc. of the complaint of this case was lawfully delivered to H; (b) was served to H until the original copy, etc. was properly served to H; (c) was not known of the fact that H was brought for the foregoing reason; (d) was known of the existence and details of the first instance judgment from Co-Defendant 1 Co-Defendant 1 Co-Defendant 2 Co-Defendant 2 Co-Defendant 3, around August 8, 2014; and (e) as such, the court of first instance, upon hearing the fact that the first instance judgment was rendered by the Co-Defendant 1, the court of first instance, as stated in the provision of subparagraph 6 and evidence No. 6, sent to H; (b) was lawful as it was not possible to comply with the appeal period due to the reasons not attributable to the above Defendant; (c) was served to the Defendant Co-Defendant 2, who was the representative director of the Defendant Company’s domicile at the time of the second instance, with the notice No. 1, 2, 3:14.

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