원상회복 청구의 소
1. The order of the first instance judgment, including the plaintiff's claim expanded by this court, is as follows.
1. According to the records of this case’s judgment ex officio, the first instance court served a copy of the complaint against the Defendant, notification of the date of pleading, etc. by public notice, and proceeded with the pleadings on September 9, 2015, and rendered a judgment accepting the Plaintiff’s claim on September 9, 2015. The original of the judgment was served on the Defendant by public notice on September 10, 201
On January 29, 2016, the Defendant received an original copy of the judgment of the first instance on January 29, 2016 and became aware that the judgment of the first instance was served by public notice, and filed an appeal for subsequent completion on February 1, 2016.
Therefore, since the defendant could not comply with the appeal period, which is the peremptory period, due to a cause not attributable to him, the appeal of this case filed within two weeks from the date on which the court of first instance became aware of the fact by public notice is lawful.
2. Basic facts
A. On August 19, 2014, when the Plaintiff was seeking to work on the Internet, the Plaintiff first purchased the freight in order to work on the Eston Logistics (hereinafter “EM”) from the Korea Logistics Co., Ltd. (hereinafter “Korea Logistics”) to the Eston Logistics (hereinafter “EM”), and then purchased the freight in the separate sheet (the former vehicle number: G; hereinafter “the instant freight”) from the Defendant, who became aware of in the course of the introduction of Korean logistics, in the amount of KRW 12 billion from the nominal amount.
(hereinafter “instant sales contract”). B.
According to the instant sales contract, the Plaintiff paid 37 million won to Korean logistics from August 18, 2014 to August 21, 2014, and 6575 million won to the Defendant from August 19, 2014 to September 16, 2014, respectively, and received the instant cargo vehicle from the Defendant.
On the other hand, Korean logistics paid 15 million won to Eston logistics on behalf of the Plaintiff, such as deposit for entry and insurance premium. The actual purchase price paid by the Plaintiff to purchase the instant cargo = 8750,000 won = 37 million won. - 1.