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(영문) 의정부지방법원 2020.06.23 2019나3234
투자금반환
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. Whether a subsequent appeal is lawful;

A. 1) On April 29, 2010, the Plaintiff filed a lawsuit against the Defendant for the return of investment amount as stated in the purport of the claim. On October 29, 2010, the court of first instance rendered the procedure of pleading by public notice, and rendered a judgment accepting the Plaintiff’s claim on November 5, 2010, and served the original copy of the judgment to the Defendant by public notice on November 17, 2010. 2) The Plaintiff’s succeeding intervenor filed a lawsuit against the Defendant for the attachment and collection of the claim against the Plaintiff’s Defendant on the ground that the Plaintiff’s succeeding intervenor was the garnishee as the third obligor and received the decision of acceptance on January 30, 2012 by requesting the Defendant to seize and collect the claim against the Defendant on January 30, 2012. The original copy of the decision was served on the Defendant on April 19, 2012.

3) On the other hand, on January 30, 2013, the Plaintiff notified the Defendant of the purport of the assignment of the claim by means of transferring the full amount of the judgment in the first instance trial to the Plaintiff’s succeeding intervenor, and the notification was delivered to the Defendant by mail proving the content on March 6, 2013. 4) On March 29, 2013, the court of first instance granted the right of succession to the judgment in the first instance upon the Plaintiff’s succeeding intervenor’s application that acquired the judgment amount from the Plaintiff, and served a certified copy of the execution clause by public notice to the Defendant on April 15, 201

5) The Defendant resided in Incheon Strengthening-gun E (Road Name Address:F) and moved into G around April 13, 2012, and received the original copy of the decision of seizure and collection order and the notice of assignment of claims under the foregoing paragraph 2. The Defendant received the original copy of the order of seizure and collection from the Defendant’s living together with the Defendant at the transferred residence. The documents received by H indicated the case number of the first instance court. After the delivery of the documents, contact with the Plaintiff’s succeeding intervenor’s mobile phone (I) delivered by H to the documents, and then lost the Plaintiff by public notice from the Plaintiff’s succeeding intervenor, and the Plaintiff’s claim was transferred to the Plaintiff’s succeeding intervenor.

6. The defendant shall be the first instance court on June 12, 2019.

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