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(영문) 제주지방법원 2020.06.03 2019나12848

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. The fact that the Defendant was served with a payment order on October 16, 2018 and raised an objection on October 18, 2018, that the first instance court sent a notice of recommendation for correction and date of pleading to the Defendant as the Defendant was implemented as litigation procedures due to the Defendant’s filing of objection and the notice of date of pleading was not served on the Defendant due to the absence of closure; on April 1, 2019, the first instance court issued a notice of date of pronouncement after setting the date of pronouncement on April 8, 2019 as the Defendant was absent on the date of pleading; on April 8, 2019, the notice of date of pronouncement was not served on the same date on April 8, 2019 but was not served on the closed date; on April 15, 2019, the judgment was not served on the same date, or on April 15, 2019, which became final and conclusive on April 19, 2019.

In this case where the payment order was lawfully delivered, the defendant has a duty to investigate the progress of the lawsuit, and the defendant has failed to observe the period of appeal due to the failure of the defendant to investigate the progress of the lawsuit, so the defendant is negligent in the defendant, and even considering the situation where the jurisdiction has been changed from the Seopo City court to the Jeju District Court, it cannot be deemed that the defendant's failure to observe the period of appeal due to

(see, e.g., Supreme Court Decision 2006Da3844, Mar. 10, 2006). The Defendant’s appeal raised more than two weeks from May 4, 2019, which became final and conclusive, is unlawful.

2. The defendant's appeal is dismissed.