(영문) 제주지방법원 2017.04.27 2016나1120 | 리걸엔진

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(영문) 제주지방법원 2017.04.27 2016나1120

대여금

Text

The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 20,000 to the Defendant (hereinafter “the Plaintiff’s claim arising therefrom”) and on November 7, 2006, filed a lawsuit with the court of first instance seeking the payment of the above loan to the Defendant.

B. On March 2, 2007, the court of first instance rendered a judgment citing the Plaintiff’s claim on March 2, 2007 after serving a duplicate of the complaint against the Defendant, the date of pleading, etc. by public notice, and the judgment became final and conclusive around that time after serving the original copy on the Defendant by public notice.

C. The Defendant filed an application for bankruptcy and immunity with the Seoul Central District Court Decision 2007Da39349, 2007Hadan39326, and was granted immunity on March 12, 2008 (hereinafter “instant immunity”) and the said decision became final and conclusive on March 27, 2008.

The list of creditors prepared by the Defendant while filing for bankruptcy and application for immunity was not indicated in the list of creditors.

E. On May 29, 2016, the Defendant came to know of the fact that the first instance judgment was served by public notice after receiving the notice of acceptance of claims from the KSS Credit Information Company, and submitted a written appeal to the court of first instance on June 8, 2016.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 4, purport of the whole pleadings

2. According to the aforementioned facts, the Defendant could not observe the period of appeal, which is a peremptory period, because he/she was unaware of the progress and result of a lawsuit due to a cause not attributable to himself/herself, and thus, a subsequent appeal filed by the Defendant within two weeks from May 29, 2016, which became aware of the fact that the judgment of the first instance was served by public notice, was filed within the lawful period of appeal and satisfies the requirements for subsequent completion of the litigation.

3. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

A debtor's rehabilitation and bankruptcy.

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