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(영문) 서울남부지방법원 2017.04.06 2015나26653
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. The facts under the underlying facts are significant or obvious in records to this court.

On June 1, 2007, the Plaintiff filed the instant lawsuit against the Defendant. On June 25, 2007, the Defendant received directly a copy of the complaint at his domicile on June 25, 2007 (in accordance with the service report, the Defendant himself appears to have served the duplicate of the complaint and stated his name as the recipient, and the signature is similar to the Defendant’s signature on the loan certificate column submitted by the Plaintiff) and did not submit a written reply within 30 days thereafter.

B. On August 28, 2007, the first instance court sent the notice to the defendant on the date of sentencing without pleading, but on September 10, 2007, the notice was not served due to the absence of closure.

C. On September 21, 2007, the first instance court rendered a judgment in favor of the plaintiff and served the original copy of the judgment to the defendant, but the service of the original copy of the judgment was not also served as a closed text absence. As the service of the original copy of the judgment on October 12, 2007 was ordered on October 27, 2007, the service of the original copy of the judgment became effective, and the first instance judgment became final and conclusive.

On March 10, 2006, the plaintiff was issued a provisional attachment order of KRW 40 million on the real estate owned by the defendant as Seoul Southern District Court 2006Kadan5319 on March 10, 2006, and completed the provisional attachment registration on March 14, 2006. The plaintiff was issued dividends of the first instance judgment on the real estate in the auction procedure.

E. On November 28, 2015, the Defendant submitted a petition for subsequent supplement of the instant case.

2. An appellant who has filed an appeal regarding the legitimacy of the subsequent appeal shall file an appeal within two weeks from the date on which the original of the judgment in the first instance was served, as a peremptory term, unless there exist such special circumstances as the service of the original of the judgment becomes invalid;

(Article 396 of the Civil Procedure Act). If a party is unable to comply with the peremptory period due to any cause not attributable to him, the litigation which he neglected shall be supplemented within two weeks from the date on which such cause ceases to exist.

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