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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2017.01.18 2016나48432
양수금
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. The facts that the first instance court rendered a judgment regarding the legitimacy of an appeal for subsequent completion by serving a duplicate of the complaint against the defendant, notification of the date for pleading, etc. on the defendant by public notice, and subsequently served the plaintiff's claim against the defendant, and then served the original copy of the judgment of the first instance by public notice, and the defendant was issued the original copy of the judgment of the first instance on July 25, 2016, and the fact that the appeal for subsequent completion was filed on July 28, 2016 is apparent.

According to the above facts, the defendant was unable to observe the peremptory period due to a cause not attributable to the defendant, and the court of first instance filed a subsequent appeal within 2 weeks from July 25, 2016, which became aware of the fact that the judgment of the court of first instance was served by public notice. Thus, the defendant's subsequent appeal is lawful.

2. Judgment on the merits

A. In full view of the reasoning of the arguments as to the cause of the claim Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 through No. 7, the court of first instance (hereinafter "B") concluded a small loan guarantee insurance contract between the Korea Guarantee Insurance Co., Ltd. and the insured for the purpose of guaranteeing the repayment of the principal and interest of loans, with the amount of KRW 16,50,000, insurance amount of KRW 16,500,000, insurance period from September 22, 1994 to November 21, 1997. The defendant guaranteed debt to the Korea Guarantee Insurance Co., Ltd.; ② the defendant failed to pay the principal and interest of loans to the Korea Guarantee Insurance Co., Ltd.; on June 29, 1995, the Korea Guarantee Insurance Co., Ltd. paid the insurance amount of KRW 16,393,80 to the Korea Guarantee Insurance Co., Ltd. (hereinafter "Seoul Guarantee Insurance Co., Ltd."), and the Korea Guarantee Insurance Co., Ltd., Ltd. 25195.

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