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(영문) 수원지방법원 2017.01.19 2016나1776

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

1...

Reasons

1. Determination on the legitimacy of the subsequent appeal

A. The summary of the party's assertion 1) The defendant, at the first instance court, delivered a copy of the complaint of this case (payment order) and a writ of summons, etc. to the defendant by public notice. The defendant did not know the existence of the judgment of the first instance court because the original copy of the judgment of the first instance court was served by public notice. Ultimately, the defendant's failure to observe the peremptory period for filing a complaint was caused by a cause not attributable to the defendant, and thus, the appeal of this case was lawful. 2) Even though the defendant knew of the existence of the judgment of the first instance court around November 23, 2015, the plaintiff did not file an appeal of subsequent completion until two months have elapsed since the defendant had known of the existence of the judgment of the first instance court at the latest, and since the defendant submitted a written appeal of subsequent completion to the court of first instance only on January 18, 2016, the appeal of this case was unlawful since it did not comply with the peremptory period.

B. Determination 1) If a copy, original copy, etc. of a complaint of relevant legal principles were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her, and thus, the defendant is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. Here, the term “after the cause ceases to exist” refers to the time when the party or legal representative becomes aware of the fact that the judgment was served 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. Barring any special circumstance, barring any other special circumstance, it shall 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 of the case or received the original copy of the judgment (see Supreme Court Decision 97Da20410, Oct