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(영문) 대구지방법원 2017.11.30 2017나2296

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. Whether a subsequent appeal is lawful;

A. If a copy of the complaint of related legal principles and the original copy of the judgment were served by 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 was unable to comply with 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

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, rather than the time when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. In ordinary cases, barring any 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 the party or legal representative was perusal of

B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).

Judgment

On October 2, 2006, the plaintiff filed an application against the defendant for the payment order of this case with the Daegu District Court 2006Guj22996, and accordingly, the plaintiff filed an application against the defendant for the payment order of this case. The court of first instance rendered a judgment accepting the plaintiff's claim against the defendant on April 24, 2007 after serving the defendant a duplicate of the application for the payment order of this case (the duplicate of the complaint of this case) and the notification of the date of pleading, etc. by service by public notice, and making a pleading against the defendant. The original copy of the judgment was sent by service by public notice to the defendant on February 20, 2017. The defendant becomes aware that the judgment of the court of first instance was served by service by public notice; the defendant was served by service by public notice after being served with the original copy of the judgment from the court of first instance on February 20, 2017; the defendant filed the appeal of this case on February 21, 2017.

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