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(영문) 춘천지방법원 2016.06.17 2015나2021

계금

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. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and the original copy of the judgment were served by means of 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 is unable to comply with the peremptory term due to a cause not attributable to him/her and thus, the defendant is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. Here, the term "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, it shall be deemed that the party or his/her legal representative becomes aware of the

(1) The court of first instance issued a written appeal to the court of first instance on January 10, 2013 (see, e.g., Supreme Court Decision 2010Da75044, 75051, Apr. 7, 2015). The court of first instance rendered a judgment on March 28, 2014 after serving the original copy by public notice. The original copy of the judgment was served on the Defendant by public notice on April 2, 2014; the Defendant applied for the issuance of the original copy of the judgment to the court of first instance on March 16, 2015; the Defendant submitted the instant written appeal to the court of first instance on April 7, 2015; the fact that the Defendant submitted the instant written appeal to the court of first instance on April 7, 2015 is obvious or obvious; according to each of the above facts, the Defendant was serving the original copy by public notice at the court of first instance on March 16, 2015, and was also served by public notice.

2. Conclusion, ..