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(영문) 인천지방법원 2020.02.04 2019나1121
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. Determination on the legitimacy of a subsequent appeal

(a)The following facts of recognition are apparent or obvious to this Court in the records:

1) On February 27, 2012, the Plaintiff filed a lawsuit against the Defendant seeking the payment of loans. The first instance court rendered a judgment accepting the Plaintiff’s claim on May 24, 2012 after serving a copy of the complaint against the Defendant, a guide for lawsuit, and a notice of the date for pleading by public notice. On May 24, 2012, the first instance judgment was served on the Defendant by public notice. The first instance judgment was served on the Defendant on May 30, 2012. 2) The Plaintiff filed an application with the Defendant for the seizure and collection order against the Defendant on August 28, 2013 as the title of execution (1), with the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Order 2013, 2018, 2016, 2016, 2016.

3) On January 14, 2019, the Defendant submitted a written immediate appeal against the instant seizure order. The immediate appeal petition contains the following: “The Plaintiff was ordered to seize the Defendant as the first instance judgment, but the Defendant did not have received a monetary loan to the Plaintiff; at the first instance trial, the Defendant did not have received a delivery of the content; and the Defendant became aware of this fact by receiving a notification of seizure from the E Co., Ltd. on January 6, 2019.” (iv) The Defendant was from the Suwon District Court’s Ansan Branch on January 28, 2019.

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