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(영문) 의정부지방법원 2014.12.05 2013나11936

물품대금

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, etc., were served 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 observe the peremptory period due to a cause not attributable to him/her, and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. Here, "after the cause ceases to exist" refers to the time when the party or his/her legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or his/her legal representative becomes aware of the fact that the judgment was served by public notice, barring any special circumstance. Thus, in ordinary cases, it shall be deemed that the party or his/her legal representative

(2) According to the records, the court of first instance rendered a judgment that fully accepts the Plaintiff’s claim against the Defendant on February 13, 2013 after delivering a copy of the complaint and a written notice of the date for pleading to the Defendant by public notice, and then delivered the original copy of the judgment to the Defendant by public notice on February 19, 2013. The Defendant was not aware of the fact that the judgment was pronounced, and became aware of the existence of the judgment of the first instance court on September 4, 2014, and became aware of the existence of the judgment by public notice, which was within two weeks thereafter.

As to this, the plaintiff had the defendant delivered a copy of the complaint to the service by public notice by means of transferring his/her resident registration to a false address with the knowledge that the lawsuit in this case would have already been filed. Thus, the plaintiff did not know of the service of the judgment without negligence.