logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.02 2014나20171
구상금
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. Whether a subsequent appeal is lawful or the court of first instance rendered a favorable judgment against the defendant on October 21, 2013 after delivering a copy of the complaint and the notice of the date for pleading to the defendant by service by public notice. On October 24, 2013, the original copy of the judgment also served on the defendant by public notice, and the defendant was unaware of the fact that the court of first instance rendered a judgment was rendered at the latest, and the fact that the defendant filed an subsequent appeal on March 11, 2014 was clearly recorded or the whole purport of the pleadings was acknowledged to have been comprehensively taken into account. Accordingly, the defendant’s failure to observe the peremptory period of appeal is due to any cause not attributable to the defendant. Accordingly, the appeal by subsequent supplement of this case filed by the defendant within two weeks from the time the court of first instance became aware that service by public notice was served by public notice was lawful.

2. Facts of recognition;

A. On December 13, 2005, the Plaintiff, the Defendant, and the F were jointly and severally borrowed at an annual interest rate of 12% (hereinafter “the instant loan”) for the purpose of using the said purchase price as funds necessary for the appraisal of the Korea Appraisal Board for the purpose of jointly running the business of selling in lots and operating the shopping mall located in Echeon-si and four parcels.

B. On November 13, 2007, the Plaintiff repaid the loan principal of this case to the above company KRW 110 million including KRW 100 million and interest KRW 10 million.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 2 through 4 (including virtual numbers), and the purport of the whole pleadings

3. When a judgment of one of the obligors jointly and severally liable becomes liable for repayment or otherwise jointly and severally liable at his own expense (Article 425(1) of the Civil Act); the proportion of the obligors jointly and severally liable is presumed to be equal (Article 424 of the Civil Act); and one of the obligors jointly and severally liable (Article 424 of the Civil Act);

arrow