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(영문) 서울중앙지방법원 2018.04.27 2017나60460

양수금

Text

1. Of the judgment of the court of first instance, as to the plaintiff 6,377,242 won and 2,321,262 won among the judgment of the court of first instance against the defendant

Reasons

1. If a copy of a complaint, an original copy, etc. of the judgment were served by means of service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and 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, he/she is entitled to file an appeal for subsequent completion within two weeks from the date such cause ceases to exist.

Here, the term “the date on which such cause ceases to exist” refers to the time when a party or legal representative becomes aware of the fact that the judgment was served by means of service by public notice, instead of simply knowing the fact that the judgment was served by public notice. Barring any special circumstances, it shall 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 a new original copy

(2) On January 10, 2013, the court below rendered a judgment of the first instance on May 30, 2007, when both a copy of the complaint and a notice on the date for pleading against the Defendant were served by public notice. The original copy of the judgment was served on the Defendant by public notice on June 29, 2007. The Plaintiff was issued a seizure and collection order on the insurance claim against the Defendant against the Mzz Fire Marine Insurance Co., Ltd. based on the judgment of the first instance on August 2, 2017, with the Daegu District Court 2017TTTTTTTTTT11445. The Defendant received the original copy of the judgment at the court of first instance on August 10, 2017 and received the original copy of the judgment at the court of first instance on May 20, 2017, or the Defendant filed an appeal on August 29, 2017.

According to the above facts of recognition, the defendant is served by public notice by the court of first instance without negligence until August 10, 2017, which was issued the original copy of the judgment by the court of first instance.