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(영문) 인천지방법원 2015.04.15 2014나8165

편취금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and the original copy of the judgment were served by means of 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 is unable to comply with the peremptory term due to a cause not attributable to him/her and thus the defendant is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. Here, the term "after 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 becomes aware of the fact that the judgment was served by public notice. Barring any other special circumstance, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when

On May 24, 2013, the court of first instance rendered a judgment in favor of the Plaintiff on the instant case by serving a copy of the complaint, notification of the date of pleading, etc. on the Defendant by public notice, and proceeding with pleadings, and rendered a judgment in favor of the Plaintiff on May 24, 2013. The original of the judgment also served on the Defendant by public notice. The Defendant was served on May 23, 2014 on the part of the Suwon District Court 2014Kao235 at the time of property specification of the instant case, which was requested by the Plaintiff, and became aware of the fact that the judgment of the first instance was served by public notice at around that time, and the Defendant filed an appeal for the completion of the instant case on May 28, 2014 can be recognized by the Defendant

According to the above facts, the defendant seems to have failed to observe the appeal period due to a cause not attributable to the defendant. Accordingly, the appeal of this case filed within two weeks from the time the defendant becomes aware of the fact that the judgment was served by public notice.