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(영문) 서울중앙지방법원 2016.05.11 2015나46606
구상금
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. According to the record as to the legitimacy of the appeal for subsequent completion, the first instance court rendered a judgment in favor of the Defendant on January 31, 2013 after a notice of the date of pleading and the date of pleading against the Defendant was served by public notice, and the original copy of the judgment was also served on the Defendant by public notice. The Defendant may be aware of the progress of the pleadings and the pronouncement of the judgment. On August 11, 2015, the Seoul Southern Southern District Court Decision 2015Kao4038 delivered a certified copy of the judgment in favor of the property and became aware that the said judgment was served on August 20, 2015. Accordingly, the Defendant could not comply with the peremptory period by failing to know the progress and result of the lawsuit of this case on the grounds that he cannot be held liable. Accordingly, the appeal for subsequent completion of the appeal of this case was lawful.

I would like to say.

2. In full view of the purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 4, Gap evidence Nos. 5 and 6-1 and 2, the plaintiff and the defendant concluded a guarantee insurance contract for performance (sale of goods) with the insurance coverage period from April 14, 2009 to April 13, 201. The plaintiff did not pay the outstanding amount of KRW 6,835,100 as insurance proceeds on December 14, 201, the plaintiff paid KRW 4,835,100 as insurance proceeds on March 14, 201, the plaintiff's total amount of the insurance proceeds paid KRW 5,00 as at March 14, 201 to KRW 4,00,000 as at the rate of interest rate of KRW 5,00,000 as at the rate of interest rate of KRW 35,100 as at the above principal and interest rate of KRW 531,515,2015.

According to the above facts, the defendant's total amount of KRW 4,959,750 and the principal amount of KRW 4,835,100 shall be the date of the above calculation.

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