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(영문) 서울중앙지방법원 2015.09.22 2015나12276

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff, on November 13, 2014, became aware of the fact that the Defendant was sentenced to the judgment of the first instance court on the issuance of the Busan District Court Order 2014TTTTTTT 24758 and the collection order against the Defendant. The Defendant’s subsequent appeal to the effect that it is unlawful as an appeal for which the period of appeal has elapsed.

Unless there are special circumstances, the defendant was not aware of the service of the judgment without negligence if it was served by service by public notice, a copy of the complaint, an original copy of the judgment, etc., and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, may file an appeal for subsequent completion within two weeks (30 days if the cause ceases to exist in a foreign country at the time when the cause ceases to exist) after

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Barring any other special circumstances, 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 the party or legal representative inspected the records of the case or received the original copy of

(Supreme Court Decision 2010Da75044 Decided January 10, 2013). Before November 13, 2014, the Defendant received an order to seize and collect the Plaintiff’s claim against the Defendant from Busan District Court Decision 2014TTT24758 against the Defendant on November 13, 2014. All litigation materials, such as the complaint of the judgment of the first instance and the notice on the date of pleading, are served by public notice to the Defendant. The original copy of the judgment of the first instance is served by public notice to the Defendant on May 3, 2014. The Defendant submitted an appeal for subsequent completion to this court on January 29, 2015 is either disputed between the parties, or obviously this Court. The Defendant inspected the records of the judgment of the first instance on November 13, 2014, or new one.