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(영문) 서울중앙지방법원 2019.12.24 2019나48839

구상금

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. Facts of recognition;

A. On January 10, 2019, the first instance court served a duplicate of the complaint against the Defendant and a notice of the date for pleading by public notice, and served the pleadings by public notice, and sentenced the first instance judgment on January 10, 2019. The first instance court also served the Defendant by public notice on January 22, 2019.

B. On January 25, 2019, the Plaintiff sent the following notice (hereinafter “instant notice”) to the Defendant. On March 7, 2019, the Defendant, which received the instant notice, sent a letter of content-certified mail to the Plaintiff, stating that “If the Plaintiff applies for compulsory execution, the decision to grant immunity against the Defendant became final and conclusive, and the Plaintiff’s claim was omitted from the creditor list due to intention or gross negligence, the Plaintiff would actively bring an objection suit.”

under the following, the court will pay the judgment within the due date of payment and make the principal time, and, if the due date is unpaid within the due date, will proceed with compulsory execution, such as an application for entry in the defaulters' list, corporeal movables seizure, claims seizure and collection order:

Case number: Seoul Central District Court 2018Gaso25757, the principal of the judgment: 695,300 won

C. On August 1, 2019, the Defendant submitted the instant written appeal for the subsequent completion.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5, the purport of the whole pleadings

2. If a copy of the complaint and the original copy of the judgment were served by public notice as to the legitimacy of the appeal of this case, barring any special circumstance, the parties did not know of the service of the judgment without negligence. In such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus a subsequent appeal may be filed within two weeks after such cause ceases to exist. The "after the cause ceases to exist." In this context, the "after the cause ceases to exist" is not the case where the parties or legal representatives did not know of the fact that the judgment