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(영문) 대법원 2015.08.27 2014재다2059

대여금

Text

The request for retrial is dismissed.

The litigation costs for retrial shall be borne by the plaintiff.

Reasons

The grounds for request for retrial shall be examined.

According to the records, on August 25, 2014, the junior administrative officer, etc. of this court entered the notice of receipt of written appeal, which is an electronic document, in the electronic data processing system, on August 25, 2014, and notified the fact to the attorney of the plaintiff (the plaintiff, hereinafter "the plaintiff") who is subject to electronic document delivery, and the plaintiff's attorney confirmed the above notice of receipt of written appeal records on August 26, 2014. ② However, the plaintiff's attorney filed the appellate brief of the case subject to reexamination on September 16, 2014. ③ This court can be deemed to have received the notice of receipt of written appeal records on August 26, 2014. The court determined that the plaintiff submitted the appellate brief after the deadline for submission, and thus dismissed the plaintiff's appeal pursuant to Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal.

Examining the above facts in light of the provisions of Article 11(3) and (4) of the Act on the Use, etc. of Electronic Documents in Civil Procedure, if the Plaintiff’s attorney confirmed that the notice of receipt of the record of final appeal, which is an electronic document, was recorded in the case subject to review by electronic mail, then the Plaintiff’s notification of receipt of the record of final appeal is deemed to have been served. Even if the record was not notified by means of text message via mobile phone numbers, the Plaintiff’s notification of receipt of the record of final appeal cannot be denied the validity of the service following confirmation of receipt of the record of final appeal recorded by the Plaintiff who was notified of the registration of the record of final appeal. (2) On the grounds that the Plaintiff’s notification of receipt of the record of final appeal was not filed within 20 days from the date of delivery of the notice of receipt

Therefore, it is true.