대여금
Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.
Article 173(1) of the Civil Procedure Act provides that “In the event that a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation conducted in his/her negligence within two weeks from the date of his/her failure to satisfy such cause.” If the main text of the complaint and the main text of the ruling were served by the method of serving public notice, barring any special circumstance, the defendant did not know of the delivery of the judgment without negligence. In such case, the defendant falls under the case where he/she is unable to comply with the peremptory period due to such cause not attributable to him/her, and thus, he/she may file an appeal for subsequent completion within two weeks from the date
Here, the term “after the truth-finding” refers to the time when a party or legal representative becomes aware of the fact that a judgment was rendered by means of public notice, instead of simply knowing the fact that the judgment was rendered by the party or legal representative, and thus, barring any other special circumstance, the party or legal representative became aware of the fact that the judgment was served by means of public notice only when the party or legal representative inspected or received a new judgment.
ought to be viewed (see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). As to the instant case, notice of the date of complaint and pleading was served by means of public notice and the litigation procedure was proceeded, and the judgment of the court of first instance was rendered on December 13, 2019 and the judgment was served by means of public notice delivery on December 14, 2019. The Defendant becomes aware of the fact that the Defendant was forced to commence an auction on the apartment owned by the Defendant, based on the first instance judgment on February 14, 2020, and the fact that the Defendant filed an appeal of this case on February 17, 2020 is obvious.
According to the above facts, the defendant was unable to observe the peremptory appeal period because he was unaware of the result of the process of the lawsuit in this case due to a cause not attributable to himself.
I would like to say.
Therefore, it is true.