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(영문) 대전지방법원 2017.02.09 2016나4561

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary claim and the conjunctive claim added at the trial.

Reasons

According to the records of this case regarding the legitimacy of an appeal to complete the completion of the appeal, the court of first instance, after serving a copy of the complaint of this case and the notice of the date of pleading on September 11, 2012 to the defendant by means of service by public notice (the effective date August 25, 2012), declared the court to accept the plaintiff's claim on September 11, 2012. The original judgment also served on the defendant by means of service by public notice. The court of first instance issued a claim seizure and collection order (Seoul District Court Daejeon District Court Decision 2016TTTT3237) according to the above judgment, and served the defendant on May 23, 2016. The defendant visited the Daejeon District Court of Daejeon on May 26, 2016 and copied the records of this case to the court of first instance, and submitted the appeal to the court of first instance for the perusal of the records of this case within the period of subsequent appeal to the court of first instance, barring any special reason for the perusal of the records of this case.

On March 17, 2016, the Plaintiff asserted the Plaintiff’s assertion against the Defendant on March 17, 2016, pursuant to the judgment of the first instance court, filed an application for the entry in the defaulters’ list (Seoul Daejeon District Court 2016Kau440) with the Defendant, and the relevant examination document reached the Defendant on March 24, 2016, and the decision was issued and the written decision reached the Defendant on April 18, 2016, and the relevant decision reached the Defendant on April 18, 2016. In order to receive the judgment of the first instance court, the relevant employee requested the debt collection company to collect the amount

Therefore, the defendant, at least on April 18, 2016, knew of the fact that the judgment of the first instance court was served by public notice. However, since the defendant submitted a written appeal for subsequent completion to the court of first instance on June 1, 2016 at least two weeks thereafter, the defendant asserts that the defendant's appeal is unlawful because it exceeds the period of appeal.

Service by public notice, such as a duplicate of the complaint, original copy of judgment, etc.