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(영문) 수원지방법원 2021.02.10 2019나10344
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. The legality of the subsequent appeal;

A. On June 22, 2016, upon the Plaintiff’s request, the Defendant: (a) served the original copy of the judgment of the first instance on the enforcement title; and (b) received a seizure and collection order (other than Gwangju District Court 2016, and 8061). Accordingly, the Defendant was aware of the existence of the judgment of the first instance at that time.

In addition, since the defendant submitted a petition of appeal to the court on November 29, 2019, which was after the second share price was passed by the defendant, the appeal to the subsequent completion of the appeal in this case is in the incidental law.

(b) The facts below the facts of recognition can be recognized by the record or are significant in this court.

1) On March 4, 2010, the court of first instance served the defendant with a duplicate of the complaint of this case, notice of the date of pleading, etc. by means of public notice and served the defendant with public notice, and sentenced the judgment of the court of first instance that accepted the plaintiff's claim against the defendant on March 4, 2010. The original copy of the judgment was also served on the defendant

2) On June 7, 2016, the Plaintiff filed an application for the seizure and collection order against each of the deposit claims against the Defendant C Co., Ltd., D, E, and F Co., Ltd. as the executive title, with the Gwangju District Court 2016, and 8061. On June 9, 2016, the court issued the seizure and collection order (hereinafter “instant seizure and collection order”) upon the said application. On June 22, 2016, the Defendant received the original copy of the instant seizure and collection order (spouse G, the recipient), as H of the Gwangju District Court on August 3, 2016, and the said court rejected the Defendant’s application on August 10, 2016.

4) On November 26, 2019, the Defendant was served with the Plaintiff’s complaint and a copy of the first instance judgment filed by the Plaintiff to extend the prescription period of the first instance judgment (Seoul Central District Court Decision 2019 Ghana 40081).

5) On November 29, 2019, the Defendant submitted a petition of appeal to the court of first instance, which subsequently completed the judgment of the first instance.

(c)

Judgment

(i)..

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