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(영문) 광주지방법원 2020.09.23 2020나205

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

purport.

Reasons

1. Whether the defendant's subsequent appeal is lawful

(a) The facts following the facts of recognition may be recognized by the statements in Gap evidence Nos. 1, 2, and 4, or shall be significant in this Court:

1) On October 4, 2010, the Plaintiff filed the instant lawsuit against the Defendant. The duplicate of the instant complaint was served to the Defendant’s domicile on October 11, 2010, and received it by the Defendant. The notice of the date of pleading was served to the Defendant’s domicile, and the Defendant received it. 2) The first instance court closed the pleadings on March 29, 201, and designated the date of sentencing as April 26, 201. The notice of the date of sentencing was served to the Defendant’s domicile, and the Defendant received it on March 31, 2011.

3) On April 26, 2011, the first instance court rendered a judgment in favor of the Plaintiff, and served the original copy of the judgment on the Defendant’s domicile on May 2, 201, but, on May 2, 2011, it was impossible to serve the original copy on the Defendant as a director’s unknown, service by public notice was served on May 4, 201, and the effect of service by public notice arose on May 19, 201. (4) The Defendant filed an appeal for subsequent completion with the first instance court on January 13, 2020.

B. The defendant's assertion was not known that the judgment of the court of first instance was served by service by public notice, and that the judgment of the court of first instance became final and conclusive on December 31, 2019, and submitted a written appeal for subsequent completion within 14 days thereafter. This constitutes a failure of the defendant to observe the period of appeal due to a cause not attributable to the defendant, and thus, the defendant's appeal for subsequent completion is lawful.

C. 1) Subsequent completion of procedural acts is to enable the parties to supplement the procedural acts in which they were unable to observe the peremptory period due to any cause not attributable to them, within two weeks from the date on which such cause ceases to exist (Article 173(1) of the Civil Procedure Act provides that “a cause not attributable to the parties” refers to a cause for which the parties could not comply with the relevant period, even though the parties had paid due attention to the general obligation to conduct such procedural acts, even though they were not able to do so.

Therefore, the progress of the lawsuit is under way.