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(영문) 의정부지방법원 2015.02.05 2014나11285

공사대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the legality of the subsequent appeal

A. Unless there are special circumstances, if a copy of the complaint, the original copy of the judgment, etc. were served by service by public notice, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal within two weeks (30 days if the cause ceases to exist in a foreign country at the time the cause ceases to exist) from the date the 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 became aware of the fact that the judgment was served by public notice, barring any special circumstances, and it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served

B. (See, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006).

On April 24, 2013, the court of first instance rendered a favorable judgment against the defendant by serving a copy of the complaint, notification of date for pleading, etc. on the defendant by public notice, and subsequently rendered a favorable judgment against the plaintiff on April 24, 2013. The original of the judgment also served on the defendant by public notice. The defendant, on August 25, 2014, who was immediately before the appeal of this case, inspected and copied the records of the case on the defaulters list, etc. by public notice, Seoul Central District Court 2013KaKa13049, which was known that the above original of the judgment had been served by public notice, and the fact that the appeal of this case was filed on September 5, 2014, which was two weeks after being aware of the existence of the above original of the judgment and the fact that the said judgment was served by public notice, can be recognized by the whole purport of the pleadings. Thus, the defendant's appeal of this case satisfies the requirements for the subsequent completion