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(영문) 의정부지방법원 2016.04.29 2015나13820
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 following facts of recognition do not conflict between the Parties or are clear of the records:

On February 19, 2010, the Plaintiff filed an application with the Defendant and the co-defendant C of the first instance court for a payment order claiming payment of KRW 19,300,000 from the Namyang-si District Court Decision 201,553, and delayed payment damages therefor, and entered the Defendant’s service place in the application as “Namyang-si D”.

B. On March 5, 2010, the District Court of Suyang-si rendered a payment order as the above application of the Plaintiff, and served the original copy of the payment order and the instruction for demanding procedure as the service place of the Defendant. On March 9, 2010, the Defendant (spouse) and Co-Defendant C received the order.

C. As the Defendant submitted a written objection against the above payment order with the above C on March 22, 2010 to the Namyang-si District Court, the above payment order application case was implemented as the lawsuit No. 2010 Ghana District Court No. 201595.

On July 19, 2010, the court of first instance served a notice of the date of pleading on the defendant's above service place, and on July 21, 2010, a person living together with the defendant received it.

E. On August 18, 2010, the court of first instance concluded the pleading with the Defendant while the Defendant was absent, and then closed the pleading, “The Defendant and C jointly and severally sought payment of KRW 19,300,000 to the Plaintiff and the Plaintiff for delay damages incurred from November 22, 2001 to the date of full payment.” On the foregoing date for pleading, the court of first instance claimed the amount of delay damages at the rate of 20% per annum from August 18, 201 to the date of full payment.

The judgment of the court of first instance was rendered to the same purport as “B,” and the judgment of the court of first instance was rendered.

F. On August 25, 2010, the court of the first instance served the original copy of the judgment by mail as the Defendant’s above service place, and received it on August 27, 2010 as the Defendant’s cohabitant (spouse). The Defendant was over two weeks thereafter.

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