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(영문) 부산지방법원 2015.05.29 2014나18381

차용금

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 legitimacy of a subsequent appeal

A. If a copy, original copy, etc. of a complaint was served by service 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 may file an appeal to correct it within two weeks (30 days if the reason was in a foreign country at the time when the reason ceases to exist) after it ceased to exist because it was impossible to comply with the peremptory period due to a cause not attributable to him/her.

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 delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Thus, barring any other special circumstance, it should 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 records of the case or received the original copy

(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). (B)

In this case, the plaintiff filed an application for payment order against the defendant on May 29, 2006 with Busan District Court 2006Da15965, but the above court rendered a decision to refer the payment order to the plaintiff as the original copy of the payment order sent to the defendant's domicile on his resident registration was unable to be served, and accordingly, in the lawsuit of this case, the above court rendered a decision to refer the order to the lawsuit. When the copy of the complaint of this case sent to the defendant's domicile on his resident registration was unable to be served, the above court delivered it to the defendant through service by public notice and proceeded with the pleading on January 15, 2007, "the defendant shall pay to the plaintiff 20 million won and the amount calculated at the rate of 36% per annum from June 4, 2006 to the date of complete payment." The plaintiff delivered the original copy of the judgment of the court of first instance to the defendant through service by public notice, and the plaintiff was delivered on November 1, 2014.