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(영문) 부산지방법원 2018.08.30 2018나807
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. As to the cause of the claim, the Plaintiff sought payment on the premise that the Defendant had been transferred the claim stated in the claim claim of this case against the Defendant from the person who was unaware of his name. The Defendant is disputing the Plaintiff’s acquisition of claim and the notification of assignment of claim

However, since the records of the first instance trial are already destroyed after the preservation period has already expired before the defendant's legitimate appeal for completion of the trial, the evidence submitted by the plaintiff in the first instance court and examined by the plaintiff could not be present at the present trial, and as a result, the first instance court, which is a small-sum case, is proceeding by service by public notice, is not indicated the reasons for the judgment

Nevertheless, while the plaintiff was served with a copy of the defendant's written complaint of the appeal, the plaintiff did not make any assertion or submit evidence as to the plaintiff's cause of appeal, and did not appear on the date of pleading more than twice even though the notice of the date of pleading was lawfully served.

Therefore, there is no evidence to acknowledge the fact that the plaintiff acquired the claim of this case. Thus, the plaintiff's claim of this case is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, and it is so revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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