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(영문) 서울중앙지방법원 2015.12.10 2014재가합256
대여금
Text

1. The request for retrial of this case is dismissed.

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

purport, purport, and.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent and apparent to this court or are recorded.

On November 18, 2013, the Plaintiff filed a lawsuit against B and the Defendant in this court, and the decision subject to a retrial. On May 16, 2012, the Plaintiff: (a) paid KRW 100 million in the name of PR (the condition that the Plaintiff would return in case of retirement before the above sales) in return for the Plaintiff’s work in entertainment drinking house D, which is an entertainment drinking house operated by the Plaintiff; (b) lent KRW 100 million in addition to PR expenses; and (c) the Defendant jointly and severally guaranteed the Plaintiff’s obligation to return the above PR expenses and borrowed loans; (d) B had worked in the above entertainment drinking house, and (e) had discontinued the above entertainment drinking house business with KRW 60 million from February 14, 2013 to October 18, 2013; and (e) the Plaintiff and the Defendant jointly and severally filed a lawsuit against B and the Defendant’s domicile with KRW 200 million to the address of each of the foregoing PR and borrowing amount, and KRW 262 million.

3) Accordingly, on December 20, 2013 and February 14, 2014, the Plaintiff filed an application for re-service and special service along with a certified copy and abstract of the resident registration card in B, stating that B’s domicile is the same as that of the instant domicile. The instant court served the copy of the complaint on the instant domicile, but did not serve the copy of the complaint again and specially. However, on April 11, 2014 and April 27, 2014, both were not served on B by means of service by public notice.

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