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(영문) 서울중앙지방법원 2017.10.31 2017나26972
양수금
Text

1. The defendant's appeal and the plaintiff's successor's application for intervention are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Determination on the legitimacy of the defendant's appeal for the subsequent completion of appeal

A. On July 15, 2011, the Plaintiff filed the instant lawsuit against the Defendant. The court of first instance served the Defendant with the documents of the lawsuit, including a duplicate of the instant complaint and a notice of the date for pleading, by public notice. On August 31, 201, the court of first instance shall proceed first on the date for pleading while the Defendant was absent, and closed the pleading and closed the pleading immediately pursuant to Article 11-2(1) of the Trial of Small Claims Act (hereinafter “the instant claim”).

(2) On September 8, 2011, the court of first instance rendered a judgment in favor of the Plaintiff, which rendered a judgment in favor of the Plaintiff, served the Defendant with the original copy of the judgment by means of service by public notice, and on September 9, 2011, the service became effective.

The judgment of the first instance became final and conclusive on September 23, 2011.

3) On April 7, 2017, the Defendant filed an appeal for the instant order of completion. On the other hand, around May 2014, the Plaintiff filed an appeal for the instant order of completion with the title of execution, and around May 2014, the Plaintiff filed an application for the attachment and collection of claims with the Incheon District Court 2014TTTT 16587 with the Defendant, the third debtor life insurance company, Samsung Life Insurance company, and Hanhwa Life Insurance Co., Ltd., and the Incheon District Court. On May 30, 2014, the said court issued the attachment and collection order (hereinafter “instant collection order”). On the grounds for the instant collection order, the Plaintiff filed an application for the instant collection order with the title of execution.

The collection order of this case was delivered to the defendant on July 23, 2014, and the defendant directly received it.

[Reasons for Recognition] Cleared Facts in records, Gap evidence Nos. 3, 4, and 9, the purport of the whole pleadings

B. Article 173(1) of the Civil Procedure Act provides that “Where a party was unable to comply with the peremptory period due to any cause not attributable to him/her, the date on which such cause ceases to exist.”

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