beta
(영문) 대전지방법원 2016.06.30 2016나3797

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

Unless there are special circumstances, the defendant was not aware of the service of the judgment without negligence if a copy of the complaint of legal principles and the original copy of the judgment were served by service by public notice. In such a case, the defendant constitutes a case where the peremptory term is unable to be observed due to a cause not attributable to him, and thus, the defendant is entitled to file an appeal for subsequent completion within two weeks from the date such cause ceases to exist. Here, "the date on which the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice (see, e.g., Supreme Court Decision 2007Da39734, Sept. 6, 2007). In addition, if the defendant knew of the fact that the judgment was served by public notice and there are special circumstances to automatically recognize the fact that the judgment was served by public notice by public notice, and it shall be deemed that the cause not attributable to him was extinguished.

(3) In light of the above legal principles, if a party is unable to perform his/her duties by means of public notice, then he/she cannot perform his/her duties by means of public notice, it is deemed that the party cannot perform his/her duties by means of public notice. In light of the above legal principles, if the party fails to perform his/her duties without examining the progress of the lawsuit, it shall be deemed that the party cannot perform his/her duties by means of public notice. Thus, if the party fails to perform his/her duties without examining the progress of the lawsuit, it shall be deemed that the party cannot perform his/her duties by means of public notice.