대여금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. If a copy of the complaint, an original copy, etc. of the judgment were served by public notice as to the legitimacy of the appeal for subsequent completion, 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, the appeal for subsequent completion may be filed within two weeks from the date such cause ceases
The "date on which the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was rendered, and further the fact that the judgment was served by service by public notice is known.
In ordinary cases, only when a party or legal representative peruses the records of the case or receives a new original of the judgment, it shall be deemed that he/she became aware of the fact that the judgment was served by public notice.
(See Supreme Court Decision 2004Da8005 Decided February 24, 2006. Regarding the instant case, the judgment of the first instance court was rendered on September 14, 2018 after a notice of a complaint and the date for pleading, etc. was served on the Defendant by public notice on September 7, 2018. The original copy of the judgment of the first instance was also served on the Defendant by public notice; the Defendant received the cans of the first instance judgment from a credit information company on October 26, 2018 as text messages and submitted the instant written appeal to the court of first instance on November 9, 2018.
According to the above facts, the defendant could not observe the appeal period due to the failure of the court of first instance to know that the judgment was delivered by public notice without negligence, and thus the defendant could not be responsible for such failure.
The plaintiff asserted that the defendant failed to comply with the appeal period due to his neglect of moving-in report, but the evidence alone submitted by the plaintiff is insufficient to recognize the defendant's negligence.
In the end, two weeks have passed since the defendant became aware of the fact that the judgment of the court of first instance was served by public notice.