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(영문) 서울중앙지방법원 2019.03.20 2018나41725
대여금
Text

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

2. After an appeal is filed.

Reasons

1. Determination on the legality of the subsequent appeal

A. 1) On March 3, 2006, the Plaintiff made a loan against the Defendant as stated in the purport of the claim (hereinafter “instant loan”).

(2) On June 26, 2006, the court of first instance declared a judgment accepting the Plaintiff’s claim on June 26, 2006 (hereinafter “the judgment of the first instance court”), and served the Defendant by means of public notice, on July 11, 2006, an authentic copy of the judgment of the first instance court of this case on July 11, 2006.

3) The Intervenor asserts that he received the instant loan from the Plaintiff, and around July 2017, the Intervenor sought the payment of the instant loan from the Defendant (Seoul Western District Court Decision 2017Gau5525, Seoul Western District Court Decision 2017Gau525, hereinafter “instant related lawsuit”).

(4) On July 2017, the Intervenor filed a lawsuit in the instant case. Around July 2017, the Intervenor submitted a copy of the judgment of the first instance court as evidence, and the Defendant submitted a preparatory document to the effect that the validity of the judgment of the first instance court was extinguished due to the completion of extinctive prescription, and submitted the content of the instant lawsuit as evidence, and the record that the judgment of the first instance court was served by public notice is stated in the progress.

5) On May 31, 2018, the Defendant submitted a written appeal for the subsequent completion to the court of first instance (the fact that there is no dispute over the grounds for recognition, entries in Gap or evidence Nos. 1 through 12, and the purport of the whole pleadings).

B. Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist, and Article 173(1) of the Civil Procedure Act is served by public notice on the first instance judgment.”

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