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(영문) 의정부지방법원 2017.06.23 2016나5260

대여금

Text

1. Revocation of a judgment of the first instance;

2. Each of the claims of the plaintiff and the plaintiff acceptance intervenor are dismissed.

3. The total cost of the lawsuit.

Reasons

1. If a copy of a complaint as to the legitimacy of the subsequent appeal and the original of the judgment were served 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 after such cause ceases to exist.

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 rendered by means of service 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. Barring any special circumstances, barring 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

(2) On February 24, 2006, the court of first instance rendered a judgment citing the Plaintiff’s claim on June 20, 2006, after serving the designated parties A and the network B a copy of the complaint, the date of pleading, etc. by public notice, and serving the notice of the date of pleading, etc. on the designated parties A and the network B by public notice, and then serving the designated parties A and the network B on June 20, 2006. The appointed parties also served the original copy of the judgment by public notice on June 21, 2006, and the appointed parties A received the original copy of the first instance judgment on May 24, 2016, and the Defendant and the appointed parties D filed the instant appeal on June 3, 2016, which is within two weeks from that time.

Therefore, it is reasonable to view that the deceased B, the defendant, and the designated parties were unable to observe the appeal period, which is a peremptory term, because they were unaware of the progress and result of the instant lawsuit due to any cause not attributable to themselves. Therefore, the case brought by the defendant and the designated parties within two weeks from the date on which they became aware of the declaration of the first instance