양도대금 등
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked:
1. We examine whether the defendant's appeal for the subsequent completion of appeal of this case is legitimate or not.
Unless there are special circumstances, if a written complaint or an original copy of a judgment, etc. was served by service by public notice, the defendant shall be deemed to have failed to know the service of the judgment without negligence, and in such a case, the defendant shall be deemed to have failed to comply with the peremptory period due to a cause not attributable to him/her and may file an appeal for subsequent completion within two weeks after the cause ceases to exist (within 30 days if the cause was in a foreign country at
In this article, the term "when the cause has terminated" means the time when the party or legal representative becomes aware of the fact that the judgment was rendered, and further, the fact that the judgment was served by public notice is known.
In the instant case, the complaint of the instant case and the original copy of the judgment were served by public notice to the Defendant, and the Defendant was not served with the original copy, etc. of the judgment of the first instance on November 2, 2012 because it was impossible for the Defendant to do so due to urology, and received the original copy, etc. of the judgment of the first instance on November 2, 2012, is apparent
In full view of these circumstances, the Defendant was confirmed to have become aware of the fact that the judgment of the first instance court of this case was delivered through service by public notice at around November 2, 2012. Since the Defendant submitted a written appeal for subsequent completion on November 5, 2012 within two weeks thereafter, it is reasonable to view the Defendant’s appeal for subsequent completion as a lawful appeal meeting the requirements for subsequent completion of the litigation.
2. The grounds for the claim and the judgment thereof
A. The Plaintiff’s claim 1) while jointly operating the Defendant, D, etc. with the Defendant, D, etc., the Plaintiff entered into a contract with the Defendant and D to waive management rights for the said company, and to transfer 50.5% of the shares of the said company owned by the Plaintiff to the Defendant and D for KRW 155,00,000,000.
(2) the details thereof.