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(영문) 부산지방법원 2018.12.07 2018나265
대여금등
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. As to the judgment of the court of first instance that was rendered on August 8, 2017 by the Defendants, the Defendants filed an appeal for subsequent completion on January 2, 2018. In full view of the overall purport of the records and pleadings in the instant case, the first instance court conducted the legal proceedings by public notice, both from the delivery of a copy of the complaint against the Defendants to the delivery of the original judgment, and from the delivery of the original copy of the judgment, and thereafter, the Plaintiff filed an application for a compulsory auction on the real estate owned by the Defendant with the Changwon District Court under the judgment of first instance on November 24, 2017, and only Defendant B received the order to commence a compulsory auction on the said real estate on December 22, 2017, and the Defendants were aware of the fact that service by public notice was rendered by the declaration of the judgment of the first instance and the original judgment.

According to the above facts, it is evident that the defendants did not know the fact that the lawsuit was filed without negligence. Thus, the appeal of this case filed within two weeks from the date the defendants knew that the judgment of the court of first instance was served by public notice was lawful.

2. Determination as to the cause of action

A. Fact 1) The Plaintiff is a corporation established to run a liquor sales business, and the Defendants (the nominal owner of the business is the Defendant A or the Plaintiff, who is the married couple, also operated by the Defendants, who are the Defendant A or the married couple, operating the business under the trade name “C” on February 28, 2006.

(2) The Plaintiff provided the Defendants with alcoholic beverages worth KRW 4,617,419,00 in total from October 9, 2006 to the 18th day of the same month. The Plaintiff provided the Defendants with alcoholic beverages worth KRW 4,617,419 in total from October 9, 2006.

3 The Defendants merely repaid the Plaintiff the total of KRW 2 million for the first two months out of the above loans of KRW 10,000,000, and did not repay the remainder of KRW 8,000,000, and the said amount was 4.

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