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(영문) 수원지방법원 2021.03.18 2020나73792

추심금

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The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant, including the part arising from the assistance.

Reasons

Determination on the legitimacy of the appeal of this case

A. On June 22, 2020, the defendant's employee asserted was served with the first instance court's ruling on June 22, 2020, but was sent to the department in charge, the defendant lost the original judgment of the first instance court on July 7, 2020 and received it from the p.m. as such, the defendant's failure to comply with the peremptory period of the appeal due to the defendant's lack of knowledge of the delivery of the original judgment of the first instance court.

B. (1) Determination 1) Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist.

“A cause for which a party is not liable” as referred to in this context refers to a cause for which the party could not comply with the period despite the party’s exercise of generally required care to conduct the procedural acts (see Supreme Court Decision 2004Da2083, Mar. 12, 2004, etc.). In a case where a document is delivered to an employer of a person to be served at the work place of a person to be served under Articles 186(2) and 183(2) of the Civil Procedure Act, or the person’s employer, who is an employee or employee, who is man of sense, to distinguish documents, the service takes effect, and it does not take effect at the time of delivery to the person to be served (see Supreme Court Order 2007Ma94, Jan. 14, 2008, etc.). The following facts are obvious or obvious to the court:

A) On April 10, 2020, the Plaintiff filed the instant lawsuit against the Defendant.

The court of the first instance served the copy of the complaint of this case as the location of the defendant's main office, and the general affairs of the defendant G received them.

B) Upon the Defendant’s failure to submit a written response, the first instance court shall give the Defendant a notice of the date of adjudication (drawing without pleading).