logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.10.13 2017나1074
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. Determination as to the legitimacy of the subsequent appeal of this case

(a) Facts below basic facts are significant or obvious in records to this court;

① On March 30, 2015, the Plaintiff filed an application against the Defendant for a payment order of loans with the Cheongju District Court of Cheongju-gun, the Audio District Court of 2015j166, and submitted an application for the Appellant’s support on June 8, 2015.

(B) On September 30, 2015, the first instance court served a copy of the instant complaint on June 19, 2015, and on September 30, 2015, issued an order for service by public notice on November 2, 2015. On the same day, the Defendant served a copy of the instant complaint on the Defendant by public notice and the written guidance for lawsuit on the instant complaint on the same day.

③ On June 15, 2016, the first instance court rendered a judgment in favor of the Plaintiff, and the original copy of the judgment was served on the Defendant by public notice on the same day, and the service became effective on June 16, 2016.

④ On February 6, 2017, the Plaintiff filed an application with the Seoul Southern District Court 2017Kao273 to specify the Defendant as the executive title of the first instance judgment.

On February 23, 2017, the above court served a certified copy of the decision at the time of specification of the property against the Defendant (hereinafter “certified copy of the decision at the time of specification of the instant property”) as H of Gangseo-gu Seoul, and received the certified copy at the domicile of the Defendant on February 27, 2017.

A certified copy of the instant decision upon specification of the property was indicated as executive title as “a certified copy of a final and conclusive judgment with executory power over loans in Cheongju District Court Decision 2015Da3658.”

⑤ On April 19, 2017, the Defendant submitted the instant written appeal for the subsequent completion.

B. If a copy of the complaint of related legal principles and the original copy of the judgment were served by service by public notice, barring any special circumstance, the parties did not know the service of the judgment without negligence, and in such a case, the defendant cannot be held liable for it.

arrow