수수료 유보금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Determination on the legitimacy of a subsequent appeal
A. If a copy, original copy, etc. of a complaint was served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant may file an appeal to correct it within two weeks (30 days if the reason was in a foreign country at the time when the reason ceases to exist) after it ceased 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, rather than the time when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. Thus, barring any special circumstances, 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
(See Supreme Court Decision 2010Da75044 Decided January 10, 2013, etc.). B.
The following facts are significant or recognized in records in this Court:
(1) On September 27, 2017, the first instance court rendered a favorable judgment against the Defendant on September 29, 2017, by serving documents related to the lawsuit, such as a duplicate of the complaint against the Defendant and a notice of the date of pleading, by public notice, and served the Defendant by serving the original copy of the judgment on September 29, 2017.
(2) On June 20, 2018, the Plaintiff, based on the judgment of the first instance that became final and conclusive, received from the Incheon District Court, on June 20, 2018, a collection order for the Defendant’s G Co., Ltd.’s claim seizure and collection order (In Incheon District Court 2018
The Defendant did not know the progress and result of the instant lawsuit. On July 27, 2018, the Defendant was served with the original copy of the instant claim attachment and collection order and became aware of the fact that the instant lawsuit was pending. The judgment was rendered only when the original copy of the first instance judgment was issued on August 28, 2018.