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(영문) 광주지방법원 2020.09.25 2020나55540

용역비

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

Reasons

1. According to the records and the purport of the entire pleadings of this case regarding the legitimacy of the appeal for subsequent completion, the first instance court may recognize the fact that the Defendant filed an appeal for subsequent completion on May 11, 201, by means of service by public notice, after serving a copy of the complaint by serving the litigation proceedings on the Plaintiff on May 11, 2010. The original copy of the judgment was served on the Defendant by means of service by public notice. The Defendant becomes aware that the judgment of the first instance was served by means of service by means of service by public notice only after being directly receiving the original copy of the judgment of the first instance on May 4, 2020

According to the above facts, it is reasonable to view that the defendant was unable to observe the period of appeal, which is the peremptory period, due to a cause not attributable to the defendant. Thus, the appeal for subsequent completion filed within two weeks from the date on which the court of first instance became aware of the service by public notice is lawful.

2. The parties' assertion

A. The summary of the Plaintiff’s assertion was hospitalized and treated in A from October 13, 2006 to October 30 of the same month.

Since the Defendant incurred medical expenses of KRW 2,404,752 while receiving treatment, the Defendant is obligated to pay the Plaintiff medical expenses and damages for delay.

B. The summary of the Defendant’s assertion 1) The Defendant did not have been hospitalized in A at the time of 2006, and there is no fact that he received medical treatment at the above hospital. 2) C entered the Defendant’s name, resident registration number, address, etc. in the “patient’s personal information column” column of the written hospitalization agreement kept in A on October 13, 2006, and followed the Defendant’s signature in the “consignor” column and made the Defendant appear as the Defendant.

C has not paid approximately KRW 42.10,000,000 in total of the treatment costs even after being treated for 14 days from October 13, 2016 to October 26, 2016.

C was subject to criminal punishment for the above crime on June 2007.

(No. 2007 Highest 357). 3.