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(영문) 서울북부지방법원 2020.09.15 2020나214
양수금
Text

1. The defendant's appeal and the plaintiff's successor's motion to intervene in the succession are all dismissed.

2. After an appeal is filed.

Reasons

1. The following facts may be acknowledged, either clearly in the records or comprehensively based on Gap evidence 1 to 9, Eul evidence 1, 2, and 4, the whole purport of the pleadings:

The plaintiff filed a lawsuit against the defendant for the claim that he acquired the claim against the defendant from D Co., Ltd., and the first instance court served a copy of the complaint against the defendant and a notice of the date for pleading by public notice, and served the defendant as a defense, and subsequently sentenced the first instance judgment on August 17, 2009. The original copy of the first instance judgment was served on the defendant by public notice on August 21, 2009.

B. On October 31, 2012, the Plaintiff transferred a claim against the Defendant to the intervenors pursuant to the first instance judgment, and sent a content-certified mail notifying the Defendant of the assignment of the claim on April 12, 2013.

C. On July 30, 2019, the intervenor filed a request for payment order against the defendant for the extension of the period of prescription of the final and conclusive payment claim (Seoul District Court Decision 2019Da1360). On August 30, 2019, the defendant directly received the original copy of the payment order on August 30, 2019, and received the copy of the original copy of the judgment in the first instance judgment attached with a documentary evidence. The defendant raised an objection against the defendant from the lawsuit of claim for the amount of money transferred (Jinyang District Court Decision 2019Da25391) that was conducted by the defendant on January 14, 2020, and is still pending in the appellate trial.

On January 21, 2020, the Defendant received an original copy of the judgment from the court of first instance. On January 22, 2020, the Defendant filed an appeal for the subsequent completion on January 22, 2020, and the Intervenor filed an appeal for the subsequent completion on June 16, 2020, after filing an appeal for the subsequent completion.

2. Determination as to whether the defendant's subsequent appeal and the motion for intervention by the intervenor are legitimate

A. Unless there are special circumstances, the parties are aware of the service of the judgment, barring any negligence, if a copy of the complaint and the original copy of the judgment were served by means of service by public notice as to whether the subsequent appeal is lawful.

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