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(영문) 서울중앙지방법원 2020.10.23 2019나60891
가계수표금
Text

The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

The total cost of litigation shall be borne individually by each party.

purport, purport, and.

Reasons

1. According to the record as to the legitimacy of the appeal for subsequent completion, the court of first instance may recognize the fact that the judgment of the court of first instance became aware that the judgment of the court of first instance was served by public notice on September 10, 2009 after both a copy of the complaint against the defendant and a notice of the date for pleading, etc. were served by means of public notice, and that the original copy of the judgment was served on September 19, 2009 by means of public notice. The original copy of the judgment also was served on the defendant on September 19, 2009, and the defendant was served with the original copy of the judgment of the court of first instance on September 20, 2019 and inspected the original copy, etc. of the judgment by public notice.

Therefore, since the defendant could not observe the peremptory period, which is the peremptory period, due to a cause not attributable to him, the appeal of this case filed within two weeks from the date the judgment of the first instance court became aware of the fact by public notice is lawful.

2. The assertion and the judgment thereof

A. The plaintiff's assertion was made with the defendant on May 25, 1998 that the coefficient of the price per par value of 5,000,000,000 won was received from the defendant and presented for payment at the same place where the Industrial Bank of Korea is the place where the goods are paid, but the payment was refused. Thus, the defendant is obligated to pay the above check money and the compensation for delay.

B. The Defendant alleged that there was no check transaction with the Plaintiff, and even if there was a transaction, there was no transaction.

Even if it was issued in around 1998, the household check payment obligation has expired due to the expiration of the extinctive prescription period, and the defendant was subjected to a ruling of bankruptcy and exemption from liability by the court in 2017, and thus, the above claim of the plaintiff (hereinafter "claim of this case") incurred prior to the above decision of exemption from liability was exempted from liability.

C. 1) Determination is based on the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

Article 423 shall read "property against the debtor prior to his declaration of bankruptcy".

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