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(영문) 서울중앙지방법원 2015.06.30 2015나3258
대여금 등
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

We examine the legitimacy of a subsequent appeal.

As a result, in a case where it is impossible to serve the documents of lawsuit in a way of service by public notice as a result of the lawful service of a copy of the complaint and a writ of summons, etc. during the proceeding of the lawsuit, it is reasonable to view that there was negligence even if the defendant had known that the lawsuit was brought, and barring special circumstances, it is reasonable to deem that there was negligence even if the defendant had known that the judgment of loss was pronounced, barring special circumstances.

(2) On October 17, 2013, the Defendant filed an objection against the above payment order on March 10, 198, and Supreme Court Decisions 86Da2224 Decided October 2, 1998, Supreme Court Decision 97Da50152 Decided October 2, 2018). The Plaintiff applied for payment order on September 25, 2013 with the Seoul Central District Court Decision 2013Da6540 Decided October 17, 2013 and filed an objection against the payment order on October 29, 2013 with the Seoul Yongsan-gu District Court: (a) the Defendant filed an objection against the above payment order on October 29, 2013; (b) the Defendant filed an objection against the payment order on October 29, 2013 with the first instance court’s decision 201Da305010 Decided on October 28, 2013; and (c) the Defendant did not serve the Defendant’s notice on January 21, 214, 2015.

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