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(영문) 부산지방법원 2018.10.24 2018나2070

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. If a copy of a complaint, an original copy, etc. of the judgment regarding the legitimacy of the appeal of this case were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant is unable to observe the peremptory period due to a cause not attributable to him/her, and thus, a subsequent appeal may be filed within two weeks (30 days where the cause ceases to exist in a foreign country at the time the cause ceases to exist) after the cause ceases to exist. Here, the term "after the cause ceases to exist" refers to the time the party or legal representative becomes aware of the fact that the judgment was served by public notice, and in ordinary cases, it shall be deemed that the party or legal representative was aware of the fact that the judgment was served by public notice only when he/she inspected the records of the case or received new original copy of the judgment by public notice (see, e.g., Supreme Court Decision 2010Da7504, 75051, Jan. 10, 2013).

As such, the appeal of this case filed within two weeks from the date the defendant received an original copy of the judgment and became aware of the fact that the judgment of the court of first instance was served by means of service by public notice is lawful. 2. Judgment on the merits

A. Determination A on the cause of the claim No. 1-2, 2-.