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(영문) 서울중앙지방법원 2018.08.23 2018나7527

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked, and

Reasons

1. Whether a subsequent appeal is lawful;

A. The gist of the Defendant’s assertion was that the Plaintiff raised an objection against the Defendant’s representative director C with respect to the decision of performance recommendation regarding the lawsuit filed against the Defendant’s representative director C, and was unaware of the fact that the date of pleading was notified and the judgment was rendered.

Therefore, the appeal of this case filed by the Defendant on December 7, 2017, within two weeks from December 7, 2017, which was known that the Defendant was sentenced to a judgment, was lawful, since the period of appeal was not complied with due to a cause not attributable to the Defendant.

B. Before determining the legitimacy of the instant appeal, we examine whether it is legitimate for the court of first instance to serve the Plaintiff with the original of the judgment by electronic means.

Article 11 (Electronic Service or Notification) (1) Where a person to be served or notified falls under any of the following subparagraphs, the junior administrative officer, etc. of a court may electronically serve or notify it through an electronic data processing system:

1. Where a registered user who has consented to the progress of civil litigation using an electronic data processing system, as prescribed by the Supreme Court Regulations;

2. Where the registered user agrees to the progress of civil litigation, etc. using an electronic data processing system as a registered user after being served with a document or other document outputing out the electronic document;

3. Where a registered user is the State, a local government or a person corresponding thereto and is prescribed by the Supreme Court Regulations, Article 24 of the Rules on the Use, etc. of Electronic Documents in Civil Procedure, etc. (1) of the Act shall be any of the following persons:

1. Registered users who have consented to electronic litigation in connection with individual cases, such as civil litigation;

2. A party to a civil lawsuit, etc. or the subparagraphs of Article 3 shall be limited to a fixed period not exceeding one year;