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(영문) 대구지방법원 2020.07.16 2019나8519
약정금
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. Determination on the legitimacy of a subsequent appeal

(a) Examination of the facts of recognition, the following facts are recognized if they are found without dispute between the parties, or if they are found to be clear or recorded in each entry in Section B 1 to 3 (including a Serial number):

1) On July 198, the Plaintiff filed a lawsuit against the Defendant and two other parties (hereinafter “the first related lawsuit”) on the grounds that the first instance court filed a lawsuit against the Daegu District Court Kimcheon Branch C, D, and the Defendant, and served the Defendant with a copy of the complaint, notification of the date of pleading, etc. by service by public notice, and made pleadings. On November 6, 1998, the judgment of the first instance court which accepted the Plaintiff’s claim on November 6, 1998, and the original copy of the judgment was also served on the Defendant by public notice. 2) On October 2008, the Plaintiff filed a lawsuit against the Defendant and the second party (hereinafter “the first related lawsuit”) for the extension of the statute of limitations of the first instance judgment, as the Daegu District Court Kimcheon-si Branch Branch, 2008Gaso91, and the notice of the date of pleading, etc. was served to the Defendant by public notice, and the original copy of the judgment was also served to the Defendant by public notice through pleadings (hereinafter “the next judgment”).

3) The Plaintiff filed a lawsuit against the Defendant and C (hereinafter “the second related lawsuit”) around February 2019 by the Daegu District Court Kimcheon-si 2019Gaga494 for the extension of the prescription period of the judgment for the first time extension of prescription period.

A) A lawsuit was filed, and a copy of the complaint, the date of pleading, etc. was served on the Defendant by public notice, even in the second-related lawsuit, and the judgment accepting the Plaintiff’s claim on May 28, 2019 (hereinafter “the second-related judgment for the extension of prescription”).

B. The original of the judgment was also served on the defendant by public notice.

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