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(영문) 서울중앙지방법원 2017.12.12 2017나46853
대여금
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. Judgment on the plaintiff's main defense

A. The plaintiff's assertion asserts that the defendant's appeal of the subsequent completion of the lawsuit in this case is unlawful because it did not meet the requirements for subsequent completion of the lawsuit.

B. On December 18, 2006, the Plaintiff filed the instant lawsuit (Seoul Central District Court 2006Gada319923) claiming a loan of KRW 20 million and damages for delay against the Defendant on December 18, 2006.

B) On March 2, 2007, the court of first instance sent the document of lawsuit, such as a duplicate of complaint, guide of lawsuit, notification of date for pleading, etc., to the defendant's domicile, but failed to serve the document of lawsuit on the defendant by public notice, and then served the document of each of the above lawsuit to the defendant by public notice. On March 2, 2007, when the defendant was absent, the court of first instance proceeded with the date for pleading, closed the pleading, and rendered a judgment in favor of the plaintiff on March 16, 2007, and then served the original copy of the judgment of first instance to the defendant by public notice on March 27, 2007, and on March 28, 2007, the service became effective.

After the judgment of the court of first instance became final and conclusive on April 11, 2007, the plaintiff filed an application for a payment order against the defendant for the extension of the extinctive prescription period of the above loan claims with the judgment of the court of first instance on April 5, 2017 (U.S. District Court 2017Hu1861), and the above payment order application was sent to the defendant on December 18, 2006, stating that "the creditor filed a lawsuit against the debtor for the above loan claim amounting to 20 million won, with the Seoul Central District Court 2006Da31923 on March 16, 207, and the above judgment was finalized as of April 11, 2007." The above judgment was accompanied by the first payment order and the document verifying the payment order attached to the evidence document.) The above court served the defendant on April 11, 2017 and the above payment delay damages on the defendant.

2.3

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