logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
서울고등법원 2015.08.20 2014나58827
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Judgment on the legitimacy of the defendant's subsequent appeal

A. The Defendant’s gist of the Defendant’s assertion is that the first instance trial proceedings were conducted by means of service from the service of a complaint to the service of a judgment, and the Defendant was unaware of the filing of a lawsuit, and the Defendant became aware of the details of the judgment in the first instance court, upon contact with the third obligor on November 19, 2014, issued by the Plaintiff, and became aware of the details of the judgment in the first instance court. On November 21, 2014, the Defendant filed an appeal subsequent to the instant case as of November 21, 2014. This constitutes a case where the Defendant was unable to comply with the filing period due to any cause not attributable to the Defendant.

B. In full view of the entries in the evidence No. 2 and the purport of the entire pleadings, the Plaintiff filed the instant lawsuit against the Defendant and the co-defendant B, and C on October 1, 2013. The court of first instance rendered a judgment in favor of the Plaintiff on April 16, 2014, which received the Plaintiff’s claim and rendered a judgment in favor of the Defendant, and served the original copy of the judgment on the Defendant by public notice. ② On November 19, 2014, the Defendant rendered the first instance judgment with the Defendant as the title of execution, and ② on November 19, 2014, the Defendant cannot be acknowledged as having been negligent in contact with the Defendant, which was issued on November 12, 2014, and on November 21, 2014, where one of the third parties was not negligent in doing any procedural acts due to the peremptory period of the claim seizure and collection order, and each of the instant judgment cannot be acknowledged as having been pronounced otherwise within the first instance court.

arrow