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(영문) 대구지방법원 2019.02.14 2018나309215

손해배상(기)

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. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and the original copy of the judgment 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, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist." "after the cause ceases to exist" refers to the time either the party or legal representative was not simply aware of the fact that the judgment was served by public notice, and further, the fact that the judgment was served by public notice is known only when the party or legal representative inspected the records of the case, or when the original copy

(2) According to the records of the instant case, the court of first instance may acknowledge the fact that the Defendant inspected the records of trial of the first instance on June 11, 2018 and filed an appeal for subsequent completion with the court of first instance on June 18, 2018, by serving a notice of a copy of the complaint and the date for pleading against the Defendant by public notice, and by serving the notice of the date for pleading on April 10, 2018, and subsequently accepting the Plaintiff’s claim against the Defendant on the same day. The original copy of the judgment was also served on the Defendant by public notice. The Defendant filed an appeal for subsequent completion with the court of first instance on June 18, 2018.

According to the above facts of recognition, the defendant could not observe the period of appeal, which is a peremptory term, because he/she was unable to know the progress and result of the lawsuit of this case due to a cause not attributable to himself/herself after being served with a duplicate, original copy, etc. of the complaint of this case by public notice. Thus, within two weeks from June 11, 2018, when the defendant was aware of the fact that the judgment of the first instance court was rendered by public notice after perusal of the court records of the