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(영문) 대구고등법원 2020.01.09 2019나22044
대여금
Text

1. The part concerning Defendant B among the judgment of the first instance is modified as follows.

Defendant B’s KRW 400,000,000, and the Plaintiff.

Reasons

1. Determination on the legitimacy of the Defendants’ appeal

A. The Plaintiff filed the instant lawsuit against Defendant B and his wife, and indicated the Defendants’ domicile as “Gyeong-si P Apartment and Qho,” etc., indicated in the loan certificate (Evidence A) of this case as Defendant B’s domicile. On December 31, 2018, the court of first instance served a duplicate of each of the instant complaint against the Defendants on the said domicile. On January 2, 2019, Defendant B’s mother-friendly R received each of the instant copies of the complaint. (2) The Defendants did not submit a written response within 30 days, and the court of first instance sent the notice of pronouncement to the Defendants on March 8, 2019, and on March 11, 2019, R received each of the instant notices of pronouncement (non-statement).

3) On March 28, 2019, the court of first instance rendered a favorable judgment of the Plaintiff (a non-litigation). On March 29, 2019, the court of first instance sent the original copy of the judgment against the Defendants to the above address on March 29, 2019, and on April 1, 2019, R received the said original copy of each judgment. (4) On April 26, 2019, the Defendants filed an appeal against the instant judgment of the first instance on April 26, 2019.

5) Meanwhile, until August 23, 2018, Defendant B was registered as a resident at the address of the pertinent P apartment Q apartment, and on August 23, 2018, Defendant B maintained the resident registration address until the time when the instant petition for appeal was filed. Defendant C, around January 13, 2015, filed a move-in report with “Seoul Northern-gu U apartment and V” and maintained the resident registration address as it was until the time when the written petition for appeal was submitted. Defendant B did not have made a move-in report at the address of the said P apartment Q apartment; Defendant B, around April 20, 2019, went to the address of the instant P apartment Q apartment, which is residing by his parent ( his father W and motherR) and went to the address of the instant P apartment Q apartment, including a notice on the imposition of the complaint, a copy, and an authentic copy of the judgment; and Defendant C first heard from each of the above facts.

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