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1. The appeal by the defendant A shall be dismissed;
2. Defendant B’s appeal is dismissed.
3. The costs of appeal shall be borne by the Defendants.
Reasons
1. Determination on the legitimacy of a subsequent appeal
(a) The fact of recognition 1) the Japanese Savings Bank (the name before the change: the Japanese Mutual Savings Bank; hereinafter referred to as the “ Japanese Savings Bank”);
(2) On September 7, 2012, the Seoul Central District Court Decision 2012Hahap96, which was the first instance court’s decision, declared that the Japanese Savings Bank was declared bankrupt on September 7, 2012, and the Plaintiff was appointed as the trustee in bankruptcy of the Japanese Savings Bank and taken over the instant lawsuit in the first instance.
On December 1, 2014, the Plaintiff was granted the succeeding execution clause to the judgment of the first instance court, and the certified copy of the succeeding execution clause was served on the Defendant A on December 15, 2014.
(3) Defendant B received a certified copy of the first instance judgment on March 20, 2015. (4) The Defendants submitted a written appeal to the first instance court on March 27, 2015.
[Ground of recognition] A without dispute, entry of Gap evidence 3, purport of whole pleadings
B. Determination as to the legitimacy of the appeal filed by Defendant A’s appeal 1) The main text of Article 173(1) of the Civil Procedure Act provides, “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty within two weeks from the date on which such cause ceases to exist, unless there are special circumstances, to the effect that the original copy of the complaint, judgment, etc. was served by service by public notice. In such a case, the Defendant was unable to comply with the peremptory period due to a cause not attributable to him/her, and thus, the Defendant may file an appeal for subsequent completion within two weeks from the date on which such cause ceases to exist. 2)