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(영문) 서울북부지방법원 2017.12.12 2017나2593
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. The facts under the following basic facts are remarkable or obvious in records to this court:

On June 30, 2005, the Plaintiff filed an application with the Defendant for a payment order against the Seoul Northern District Court 2015Da3666, which requested payment order for loans of KRW 10,220,00 and delay damages therefor. The original copy of the payment order was not served on the Defendant as the director’s unknown. Accordingly, the Plaintiff filed an application for filing a lawsuit on August 28, 2015, and the instant case was implemented as the litigation procedure of the first instance court on September 15, 2015. (2) On September 24, 2015, the court of first instance rendered a disposition by public notice against the Defendant on September 24, 2015. On the same day, the copy of the written complaint of this case was served on the Defendant by public notice, and then the Defendant was present at the pleadings.

3) On November 17, 2015, the court of first instance rendered a judgment in favor of the Plaintiff, and the original copy of the judgment was served on the Defendant by public notice on November 20, 2015, and the service became effective at the time of November 20, 2015. (4) The Defendant submitted the instant written appeal for subsequent completion to the end of July 5, 2017.

B. 1) On May 24, 2016, the Plaintiff is the executive title of the first instance judgment of the instant case, and the Busan District Court rendered the Busan District Court 2016TTT10266 (hereinafter “instant claim attachment and collection order”) against the Defendant’s claim to return the lease deposit against C, as the collection order for the seizure and collection of the claim (hereinafter “instant claim attachment and collection order”).

(2) On June 2, 2016, Busan District Court served the original copy of the instant order of seizure and collection on June 2, 2016, to Busan Dong-gu, Busan, where the Defendant had address. On June 9, 2016, the Defendant directly received the said original copy of the instant order at the address above.

2. Determination ex officio as to the legitimacy of the subsequent appeal of this case

A. In the case of an appeal for the subsequent completion of the relevant legal principles, the person filing an appeal for the subsequent completion should prove that the grounds for the subsequent completion should be unless the existence of the grounds for the subsequent completion is the same as that of the public notice or that of the court.

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