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(영문) 대전지방법원 2019.10.22 2018나113193

대여금

Text

1. Of the judgment of the court of first instance, the amount of KRW 15 million against the defendant and 5% per annum from September 29, 2017 to October 22, 2019.

Reasons

The plaintiff's assertion on the legitimacy of the appeal for subsequent completion was known through C through the plaintiff's lawsuit of this case.

In addition, the service was partially avoided while the resident does not reside in his domicile on the resident registration.

No appeal shall be filed if the defendant is unable to observe the period of appeal due to a cause not attributable to him.

Judgment

If the original copy, etc. of a complaint was served by service by public notice, barring any special circumstance, the defendant was not aware of the service of the ruling without negligence, and in such a case, the defendant may file an appeal by up to two weeks (30 days if the reason ceases to exist in a foreign country at the time when the reason ceases to exist) after it ceases to exist because it was impossible to comply with the peremptory period due to a cause not attributable to him/her.

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Thus, barring any other special circumstance, 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 of the case or received the original copy

(See) According to the records and the purport of the entire pleadings, service of a copy of a complaint by public notice from the service of a copy of the court of first instance to the service of the original copy of the court of first instance was conducted by means of service. The Defendant, upon obtaining a certified copy of the court of first instance on September 12, 2018, was aware of the fact that he/she was sentenced to the judgment of the court of first instance and received a certified copy of the court of first instance on the same day, filed an appeal for subsequent completion on the same day.

Even if the defendant had raised the plaintiff's lawsuit of this case against the plaintiff

The service was attempted with the defendant's domicile on his resident registration.