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(영문) 서울중앙지방법원 2016.08.17 2015나63878
양수금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The fact that the first instance court, which determined the legitimacy of the appeal for subsequent completion, delivered a copy of the complaint against the defendant, notice of date for pleading, etc. to the defendant by public notice, and subsequently rendered a judgment of the first instance which contains the contents of citing the plaintiff's claim against the defendant, the original copy of the judgment of the first instance also delivered to the defendant by public notice, and the fact that the defendant submitted a written appeal for subsequent completion simultaneously with the issuance of the original copy of the judgment of the first instance on November 3, 2015,

According to the above facts, the defendant was unable to observe the peremptory period due to a cause not attributable to the defendant, and the court of first instance filed a subsequent appeal within two weeks from November 3, 2015, which became aware of the fact that the court of first instance served by public notice was served by public notice. Thus, the defendant's subsequent appeal is lawful.

2. On the merits, the Plaintiff seeks payment from the Defendant of the acquisition amount stated in the purport of the claim.

In full view of the purport of the argument in Eul evidence No. 2, the plaintiff, after the judgment of the court of first instance was rendered, on March 25, 2010, as well as the purport of the whole argument, transferred the claim for acquisition of the money claimed in the claim to the first loan limited company on September 4, 2014, and the case No. 1 loan limited company can recognize the fact that the defendant applied for the transfer of execution clause on July 3, 2015. Thus, the plaintiff's claim against the defendant on the premise that the claim for acquisition of the money belongs to the plaintiff is without merit.

3. Thus, the plaintiff's claim against the defendant is dismissed as it is without merit. Since the part against the defendant in the judgment of the court of first instance is unfair as it is concluded differently, it is revoked and the plaintiff's claim against the defendant is dismissed. It is so decided as per Disposition.

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