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(영문) 서울중앙지방법원 2019.09.20 2018나69952
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. On June 14, 2017, the court of first instance rendered a judgment in favor of Plaintiff on June 14, 2017 after delivering a copy of complaint against Defendant and a notice of the date for pleading to the Defendant by public notice. On June 17, 2017, the original copy of the judgment was also served on Defendant by public notice. Thereafter, the Defendant became aware of the fact that the court of first instance rendered a judgment on October 5, 2018, and then became aware of the fact that the Defendant filed an appeal subsequent to the subsequent completion of the case on October 17, 2018, within two weeks thereafter, was recognized by the overall purport of each of the statements and arguments in subparagraphs 1 through 3, and thus, the Defendant’s failure to observe the peremptory period for filing an appeal is due to any cause not attributable to the Defendant, and thus, the appeal filed within two weeks from the time the first instance judgment became final and conclusive.

2. Basic facts

A. On March 4, 2008, the date of issuance of the Promissory Notes (hereinafter “instant Promissory Notes”) and the Defendant and C jointly issued one set of Promissory Notes (hereinafter “instant Promissory Notes”) containing the payee D, the due date D, the sight payment, the place of issue and the place of payment. Around April 22, 2008, a notary public drafted the said Promissory Notes No. 96 of 2008 as a law firm E-certificate as of April 22, 2008.

B. Around October 2016, D transferred the instant promissory note claim to the Plaintiff, and notified the transfer on October 4, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

3. Determination

A. (1) According to the facts of the determination as to the claim for promissory notes, the Defendant is obligated to pay the amount of KRW 27,000,000 to the Plaintiff, the transferee of the instant promissory notes, as well as damages for delay, barring any special circumstance.

(2) As to the Defendant’s defense, the Defendant’s instant promissory note claim has expired.

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