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(영문) 광주지방법원 2020.09.25 2019나54428
양수금
Text

The part against the defendant in the judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

The plaintiff's total costs of litigation.

Reasons

1. The legality of a subsequent appeal;

(a) The facts under the recognition are identified or remarkable in this Court, taking into account the respective entries and arguments of Gap evidence Nos. 9, Eul evidence Nos. 1, 2, 4 through 8 (including each number; hereinafter the same shall apply) and the whole purport of the arguments.

(1) (A) On April 10, 2015, the first instance court served a duplicate of the instant complaint and the litigation guide as the Defendant’s domicile, and the Defendant received it on the 14th of the same month.

(B) On April 27, 2015, the first instance court served on the Defendant’s domicile a copy of the written application for modification of the purport and cause of the claim and the written application for correction of the indication of the party concerned. The Defendant received it on May 4, 2015. The first instance court served the notice of the date for pleading on September 4, 2015, by mail at the Defendant’s domicile, and the Defendant received it on September 8, 2015.

(C) On October 28, 2015, the first instance court rendered a judgment ordering confession on October 29, 2015. On October 29, 2015, the original copy of the judgment of the first instance court was served by mail as the Defendant’s domicile, but was not served as a closed door door absence on November 4, 2015. On November 9, 2015, the original copy of the judgment was served by public notice on the Defendant and became effective on November 24, 2015.

(D) On April 9, 2018, the Defendant served the Gwangju District Court’s decision to commence compulsory execution based on the original copy of the judgment of the first instance on the instant judgment, and received the original copy of the judgment of the first instance on April 10, 2018 with the help of the Suwon-si Interpretation Center, and submitted a written appeal to the first instance court on April 19, 2018.

(2) The Defendant’s state (A) disability and degree of disability on September 14, 1992: The Defendant’s intellectual disability, degree of disability, serious degree of disability, “persons with disabilities,” and degree of disability: hearing disability and serious degree of disability are persons with disabilities registered.

(나) 한국판 웩슬러 성인용 지능검사(K-WAIS-IV) 평가 결과, 피고는 전체 지능(Full Scale IQ)이 43 정도로, 언어능력과 학습능력, 주의집중능력, 정보처리속도, 지각적 조직화능력 등 전반적인 인지기능이 지체...

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