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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2018.04.13 2017나30424
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 13, 2013, the first instance court, which judged the legitimacy of the appeal for subsequent completion, served a copy of the complaint of this case against the defendant and the notice of the date of pleading by public notice to the defendant for pleading, and subsequently served a judgment accepting all the plaintiff's claims on February 13, 2013, and served the original copy of the judgment on the defendant by public notice. The fact that the defendant was notified of a seizure order against the defendant's deposit from a financial institution on or around December 6, 2017, and that the defendant became aware of the fact that the lawsuit was pending at that time is obvious in records

According to these facts, the defendant was unable to observe the peremptory appeal period due to the failure to know the progress and result of the lawsuit in this case due to a cause not attributable to himself.

Therefore, the appeal of this case filed within two weeks from December 6, 2017, which became aware of the fact that the judgment of the court of first instance was served by means of service by public notice, was filed within the lawful appeal period, and is lawful by satisfying the requirements for subsequent completion of the litigation.

2. Judgment on the merits

A. 1) Han-il Bank Co., Ltd. (hereinafter “Korea-Japan Bank”)

Around December 3, 1993, a loan of KRW 30,000,00 to the Defendant with the maturity of KRW 17% on December 3, 1994 (hereinafter “instant loan”) set forth as the due date of payment at 17% on December 3, 1994.

(2) On January 15, 2011, Korea Commercial Bank merged with Korea Commercial Bank, and changed the name of Korea Light Bank. On March 30, 2002, Korea Light Bank, Inc., a limited liability company specialized in the financial third asset-backed securitization, a limited liability company specialized in the financial third asset-backed securitization in Korea, a limited liability company specialized in the financial third asset-backed securitization in Korea, a limited liability company specialized in the financial third asset-backed securitization in the promotion mutual savings bank on February 14, 2003, and a promotion mutual savings bank in the Plaintiff on June 15, 2011.

3) The remaining principal and interest of the instant loan claims as of December 14, 201 are KRW 77,754,258 (i.e., principal) (i., 16,633).

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