양수금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. If the legality of an appeal for subsequent completion, a copy of a complaint, an original copy of judgment, etc., were served by service 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 may file an appeal for subsequent completion within two weeks after the reason ceases to exist because he/she was unable to comply with the peremptory period due to
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 (see, e.g., Supreme Court Decision 2010Da75044). As to the instant case, it is reasonable to deem that the Defendant’s appeal for the subsequent completion of the trial of this case is a legitimate appeal meeting the requirements for the subsequent completion of litigation, since it is apparent in the record that the Defendant’s appeal for the subsequent completion of the trial of this case was filed by means of public notice, and the court of first instance declared that all of the Plaintiff’s claims against the Defendant was accepted on April 17, 2015, and the original copy of the judgment was served to the Defendant by means of public notice. The Defendant became aware of the fact that the judgment of the first instance was served by public notice only after obtaining a certified copy of the judgment upon receiving an application for perusal and duplication from this court on September 24, 2015.
2. Judgment on the merits
A. A around October 2011, Jinju-si, D Apartment 111 Dong 1402, which is registered in the name C between the Defendant and the Defendant, draw up a statement of performance with respect to the following content:
3.2