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(영문) 대전지방법원 2019.08.13 2019나102176
대여금
Text

1. The appeal of this case shall be dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim and appeal

Reasons

1. Basic facts

A. On March 28, 2016, the Plaintiff filed an application with the Defendant for a payment order seeking the payment of the amount stated in the claim under the Daejeon District Court of Hongsung Branch Branch Court Order 2016 tea153.

The above court issued a payment order on March 31, 2016, but the original of the payment order was not served as a closed absence.

On June 17, 2016, the Plaintiff submitted an application for filing a lawsuit.

(The Daejeon District Court 2016 Gaz. 20398).(b)

On June 23, 2016, the court of first instance ordered the service of the defendant by public notice, and served a copy of the complaint, a litigation guide, and a notice of the date for pleading by public notice.

On July 19, 2016, the court of first instance rendered a judgment in favor of the plaintiff.

The original judgment of the first instance court was served by public notice.

(3) On July 21, 2016, service became effective.

On September 6, 2016, the Plaintiff received a seizure and collection order (Osan District Court 2016 Tasan Branch 104797) with the title of execution.

On September 12, 2016, the defendant applied for perusal and duplication to the above court, and received the above order of seizure and collection.

On August 31, 2016, the Plaintiff filed an application for property specification against the Defendant under the title of execution with the judgment of the first instance court rendered on August 31, 2016, Suwon District Court Branching 2016Kao101719.

On October 15, 2016, the above court rendered a decision to specify the property (hereinafter “the instant decision to specify the property”) and the Defendant’s spouse C received the authentic copy of the decision to specify the property on October 20, 2016.

Since then, C received on November 3, 2016, a letter of request for attendance on the date of property name, property list form and guidance from the Defendant.

On November 28, 2016, the Defendant appeared on the date of specification of property and taken an oath that the list submitted by submitting the list of property is true.

E. On January 30, 2019, the Defendant applied for perusal and duplication of the instant litigation records, and delivery of the original copy of the judgment. On February 8, 2019, the Defendant submitted a written appeal for subsequent completion to the court of first instance.

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