대여금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. If the legality of an appeal for subsequent completion, a copy of a complaint, an original copy of judgment, etc., were served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant may file an appeal for subsequent completion within two weeks after the reason ceases to exist because he/she was unable to comply with the peremptory period due to
Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Thus, barring any other special circumstance, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received the original copy
(2) The court of first instance rendered a judgment citing all the Plaintiff’s claims against the Defendant on October 14, 2014 after serving a copy of the complaint of this case and a writ of summons on the date of pleading by public notice on January 10, 2013 (see, e.g., Supreme Court Decision 2010Da75044, Nov. 10, 201). As to the instant case, it is apparent that the Defendant received a certified copy of the judgment after applying for perusal and reproduction to this court on November 18, 2015, and filed an appeal for subsequent completion on November 18, 2015, it is reasonable to view that the Defendant’s appeal for subsequent completion of the appeal of this case is lawful appeal meeting the requirements for subsequent completion of litigation.
2. Judgment on the merits
A. In determining the objective conformity of an expression of intent for the establishment of a judgment contract with respect to the cause of the claim, where there is a contract, which is a disposal document, special.