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(영문) 수원지방법원 2021.02.16 2020나62839

손해배상(기)

Text

1. The defendant's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

Reasons

Unless there exist special circumstances, if the main text of the judgment on the legitimacy of the subsequent appeal and the main text of the judgment, etc. were served by means of public notice delivery, the defendant was not aware of the service of the judgment without negligence, barring any special circumstances. In such a case, the defendant was unable to comply with the peremptory term 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 the fact that there was no reason. Here, the term "after the fact that there was no reason" refers to the time when the parties or legal representatives were not simply aware of the fact that the judgment was served by means of public notice, but the fact that the judgment was served by means of public notice was delivered by the parties or legal representatives, barring any special circumstances. In ordinary cases, the party or legal representatives became aware of the fact that the judgment was served

It should be viewed (see Supreme Court Decision 2004Da8005, Feb. 24, 2006). In this case, the notice of the date of complaint and pleading against the defendant was served by means of public notice and the proceedings were initiated. On December 4, 2019, the judgment of the court of first instance was rendered, and the judgment was also served on the defendant by means of public notice delivery on December 6, 2019. The plaintiff was served on the defendant on the title of enforcement of the judgment of first instance on January 24, 2019. The plaintiff received the claim and seizure collection order against the defendant's deposit claim as Seoul Suwon District Court 2020 and 102160, and the notice of decision was served on the debtor on January 28, 2019, and the defendant was not aware of the progress and result of the lawsuit until then served on the Industrial Bank of Korea, and the records of the judgment was served by public notice or public notice on January 31, 2015.