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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.07.08 2015나2727
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 11, 2009, the Plaintiff filed an application with the Defendant for the payment order of the loan of this case with the Suwon District Court of Suwon District. On August 25, 2009, the court of Ansan City served the original copy of the payment order on the Defendant’s domicile, which is the Defendant’s domicile stated in the written application for the payment order (hereinafter “the domicile of this case”). D, the Defendant’s mother, received as the Defendant’s cohabitant on September 7, 2009.

B. After that, on September 22, 2009, the defendant submitted a written objection against the payment order under the name of the defendant to the court of Ansan-si. On October 13, 2009, the court of Ansan-si sent the records of trial to Suwon-si District Court (hereinafter "the court of first instance").

C. On October 27, 2009, the court of first instance served the Plaintiff’s domicile on October 26, 2009 a duplicate of the preparatory documents and a copy of the preparatory order (the Plaintiff’s submission of the preparatory documents and necessary evidence until November 17, 2009 with respect to the said preparatory documents). D, the Defendant’s mother, was a person living together with the Defendant on October 29, 2009.

However, the defendant did not submit to the court of first instance any documents, such as preparatory documents or evidence.

On March 2, 2010, the court of first instance sent a notice of the date of pleading to the Defendant on March 2, 2010, but it was impossible to serve the notice due to the absence of a closed door, and thereafter, served the Defendant by sending it.

E. On April 23, 2010, the court of first instance rendered a ruling accepting the Plaintiff’s claim on April 23, 2010, and served the original copy of the judgment of the first instance on April 26, 2010 on the domicile of the instant case. However, when it was impossible to serve the original copy of the judgment of the first instance on May 4, 2010 by serving the Defendant by public notice, and its service became effective on May 19, 2010.

F. On January 13, 2015, the Defendant submitted a written appeal for subsequent completion to the court of first instance.

[Ground of recognition] Unsatisfy, Gap evidence No. 3, and records clearly;

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