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(영문) 대구지방법원 2020.12.09 2020나2296

물품대금

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. If a copy of a written complaint, the original copy, etc. of a judgment regarding the legitimacy of an appeal for subsequent completion were served 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 may file an appeal for subsequent completion within two weeks after the cause has ceased to exist because he/she was unable to comply with the peremptory period due to a cause not attributable to him/her.

Here, “after the lapse of the cause” refers to the time when a party or legal representative becomes aware of the fact that the judgment was rendered by means of service by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. Thus, barring any special circumstances, it should 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 inspected the records

(2) On May 21, 2020, the court of first instance rendered a judgment to fully accept the Plaintiff’s claim on August 29, 2013 after serving the Defendant with a copy of the complaint, notification of the date of pleading, etc. by public notice. The original copy of the judgment was served on the Defendant by public notice on September 3, 2013. On May 22, 2020, the Defendant received a notice that the Defendant’s account was seized at the Plaintiff’s request on May 22, 2020, and inspected the records of the instant case, and served on the Defendant on May 23, 2020 by public notice. The appeal filed by the Defendant is lawful. < Amended by Presidential Decree No. 202075, May 23, 2020; Presidential Decree No. 202035, Jan. 23, 2020>

The plaintiff maintains the transaction relationship with the plaintiff.