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(영문) 창원지방법원 2020.08.14 2019나4315

대여금 등

Text

1. The appeal by the defendant C shall be dismissed;

2. Defendant B, among the judgment of the court of first instance, exceeding the following amount ordered to be paid.

Reasons

1. We examine whether the subsequent appeal by Defendant C by Defendant C is lawful, ex officio, as to whether the subsequent appeal by Defendant C is legitimate.

(a) Subsequent completion of procedural acts, in case where the party was unable to comply with the peremptory period due to any cause not attributable to him, within two weeks from the date on which such cause ceases to exist; and

(1) Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party is not liable” refers to the grounds for failure to comply with the relevant period even though the party fulfilled generally required care for conducting the litigation. As such, in a case where the service of documents in the process of litigation was impossible and the service of documents in the process of litigation was made in a method of service by public notice as a result of the impossibility of being served by public notice, the party is obligated to investigate the progress of the lawsuit from the beginning, even if the party did not know the progress of the lawsuit before the court, it cannot be said that there is no negligence. Such obligation is to be borne, regardless of whether the party was present and present at the date for pleading, whether the party was notified of the date for pleading after the date for pleading, whether the party was

(See Supreme Court Decision 2004Da67141 Decided May 27, 2005, etc.). B.

The facts that Defendant C was served with a copy, etc. of the instant complaint on February 16, 2019; thereafter, the first instance court served a notice of the date of pleading to Defendant C on April 2, 2019, but did not serve as a closed door, and served on April 12, 2019; the first instance court rendered a judgment on June 11, 2016; and the original copy of the judgment was served to Defendant C as an addressee but was not served as an addressee, by public notice on June 24, 2016; the fact that the original copy of the judgment was served to Defendant C by public notice on July 9, 2019; and the fact that Defendant C submitted the instant appeal of the instant case on October 17, 2019 is apparent in the record.

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