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(영문) 서울중앙지방법원 2015.11.03 2015나17455

매매대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The facts under the underlying facts are significant or obvious in records to this court.

On January 10, 2014, the Plaintiff filed an application against the Defendant for a payment order with this Court No. 2014 tea2107.

On February 4, 2014, the Defendant served the original copy of the instant payment order, and submitted a written answer to this Court on February 14, 2014 and February 24, 2014, respectively.

B. The instant payment order was executed on March 5, 2014 as the instant lawsuit.

On September 2, 2014, the court of first instance notified the Defendant of the first date for pleading ( September 18, 2014) but served the Defendant a notice by means of delivery on September 17, 2014, as it was not served due to the absence of a closed text.

The defendant did not appear on the first day for pleading.

C. The court of first instance rendered a judgment on September 18, 2012, but the original of the judgment was not served on the Defendant due to the absence of closure.

On November 12, 2014, the court of first instance served the original copy of the judgment by public notice, and on November 27, 2014, the service became effective at the time of November 27, 2014.

On February 5, 2015, the defendant submitted a written appeal for subsequent completion.

2. Unless there are special circumstances, such as the service of the original copy of the judgment of the court of first instance is null and void, the appellant shall file an appeal within two weeks from the date when the original copy of the judgment was served as a peremptory term.

(Article 396 of the Civil Procedure Act). If a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.

(Article 173(1) of the Civil Procedure Act. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to the reason why the party could not comply with the period even though the party fulfilled his/her duty of care to conduct procedural acts.

In case where documents of lawsuit are served by public notice because they cannot be served in a usual way during the course of litigation, service by public notice shall be from the service of the copy of the complaint first to the service by public notice.