(영문) 울산지방법원 2019.11.14 2018나3175 | 리걸엔진

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(영문) 울산지방법원 2019.11.14 2018나3175

대여금 등

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. In the first instance court as to whether the appeal of this case was lawful, the duplicate of the complaint of this case was unable to be served to the Defendant as “closed absence,” and the lawsuit was initiated from the beginning by public notice, and the fact that the original copy of the judgment was served by public notice was obvious in the record, so it is reasonable to deem that the Defendant was unaware of the service of the first instance judgment without

Furthermore, in light of the purport of the entire pleadings, the Defendant became aware of the fact that the judgment of the first instance was served by public notice only after obtaining a certified copy of the judgment of the first instance on November 28, 2018, and it was recognized that the Defendant submitted a petition of appeal subsequent to the subsequent completion on December 7, 2018, not more than two weeks thereafter. Thus, the appeal of this case is lawful.

2. Basic facts

A. On November 30, 2010, C (the co-defendants of the first instance court, the defendant's children at the time) drafted a notarial deed of debt repayment contract (No. 805, 2010, No. 2010, No. 805, No. 2010, No. 2010, No. 805, No. 2010, Nov. 30, 201) as the obligee's representative, joint guarantor, and joint guarantor's representative.

A notary public of a notarial deed of a performance agreement shall, at the request of the parties, prepare this instrument, hearing the intent of the statement concerning the following juristic acts:

Article 1 The debtor recognized that the creditor has the obligation to return the deposit of KRW 110,00,000 for the lease deposit of the Jung-gu G Building H, Ulsan-gu, and offered to the creditor to pay the deposit in accordance with the following provisions, and the creditor accepted it:

Article 2 (Period and Method of Payment) KRW 40,00,000 as of December 21, 201, and KRW 2,500,00 as of the last day of each month over 28 times from the last day of January 2011 to the end of April 2013 respectively.

Article 5 (Compensation for Delay) When the debtor delays the repayment of the above amount, the rate of 30% per annum for the delayed amount.

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