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(영문) 서울남부지방법원 2020.08.13 2020재가단10000
대여금
Text

The litigation of this case shall be dismissed.

Litigation costs shall be borne by the defendant (Plaintiffs for review).

purport, purport, and.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

On April 12, 2017, the Plaintiff filed a lawsuit against the Defendant seeking the payment of loans (hereinafter “case subject to review”) by Seoul Southern District Court 2017Kadan217520, and the said court rendered a judgment accepting the Plaintiff’s claim on November 9, 2017 (hereinafter “case subject to review”).

On November 14, 2017, the above judgment was served on H and I attorney-at-law of law firm G, an agent of the defendant's case subject to review.

B. On January 31, 2019, the Defendant filed an appeal against the above judgment on the ground that “a loan claimed by the Plaintiff was received money from the Plaintiff as a passbook in the name of the Defendant following the Defendant’s deception, and D appointed an attorney-at-law belonging to Defendant D as a legal representative in the name of the Defendant, and the judgment was served on the attorney appointed by D, and the Defendant was not aware of the fact that the said judgment was rendered and that the said judgment was served. The Defendant did not have borrowed money from the Plaintiff, and the Plaintiff’s claim against the Defendant should be dismissed.”

C. On January 16, 2020, the appellate court rendered a judgment dismissing the Defendant’s appeal, and the judgment subject to a retrial became final and conclusive as it is.

The reasons for the appellate court judgment are as follows.

1. Determination on the legitimacy of a subsequent appeal

A. The following facts are recognized by the records of this case or are significant in this court:

1) On April 12, 2017, the Plaintiff filed the instant lawsuit seeking the payment of a loan against the Defendant, and the duplicate of the instant complaint was served on the Defendant himself/herself on April 19, 2017. (2) The court of first instance issued a notice of the date of pronouncement designating the date of pronouncement of a judgment without pleading on April 25, 2017, when one month has elapsed since the date of delivery of a duplicate of the complaint, the Defendant did not submit a written response.

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