(영문) 인천지방법원 2016.12.23 2016재가합15

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(영문) 인천지방법원 2016.12.23 2016재가합15

대여금

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1. All of the lawsuits for retrial of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant.

Reasons

1. The following facts, including the confirmation of the judgment subject to a retrial, are apparent in records:

(1) On October 6, 2011, the Plaintiff issued to the Incheon District Court a promissory note with a face value of KRW 10 million on July 25, 2008, and issued a promissory note with a face value of KRW 10 million on August 10, 2008, and had the Defendant prepare and deliver a notarial deed with a face value of KRW 130 million on loan of KRW 130 million on a face value, and the due date for delivery prepared and delivered a notarial deed with a face value of KRW 130 million on September 30, 2008, but the Defendant failed to pay the Plaintiff KRW 140 million on loan without paying the borrowed money until each due date and without being able to know its whereabouts, and thus, the Plaintiff failed to deliver a notarial deed with a face value of KRW 130 million on loan to the Defendant (hereinafter “Seoul District Court”). However, the Plaintiff did not have a duty to deliver a notarial deed to the Defendant, the address of the Plaintiff, Incheon District Court.”

3) On January 3, 2012, the Plaintiff filed an application for service by public notice with respect to a complaint with respect to the Incheon District Court on the ground that “the copy of the complaint was not served due to the addressee’s unknownness,” and there was no other way to serve the complaint. On February 27, 2012, the court ordered the Defendant to serve the service by public notice. 4) After the date, the litigation documents against the Defendant were served by public notice, and the litigation procedure was proceeded by public notice, and the Incheon District Court rendered a judgment that accepted all the Plaintiff’s claims on April 17, 2012 (hereinafter “the subject judgment”).

The judgment subject to a retrial was served on April 24, 2012 by means of service by public notice and became final and conclusive on May 8, 2012.

B. On April 17, 2015, the Defendant filed an incidental appeal against the judgment subject to a retrial. (2)

유사 판례

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-대구지방법원 2017.03.29 2016나10788

-인천지방법원 2019.08.27 2018나3694