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(영문) 대전지방법원 2017.11.17 2016나102212

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. According to the records of this case’s judgment ex officio, the court of first instance rendered a judgment accepting the Plaintiff’s claim on September 24, 2015 after serving a copy of the complaint against the Defendant, notice of the date of pleading, etc. by public notice, and served the Defendant by public notice on October 2, 2015.

On March 1016, the defendant became aware that the judgment of the first instance was served by means of service by public notice. On March 10, 2016, the defendant filed an appeal for subsequent completion on March 10, 2016.

Therefore, since the defendant could not comply with the appeal period, which is the peremptory period, due to a cause not attributable to him, the appeal of this case filed within two weeks from the date on which the court of first instance became aware of the fact by public notice is lawful.

2. In full view of the purport of Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 and Gap evidence Nos. 5, the defendant suffered an accident of exceeding 18:30 on October 16, 2014 from the front floor of the road surface in front of the defendant's operation "D" located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, with a view to melting a tent at the upper corner of the center of the road so that it can not cause wind, and 30cm in diameter at the upper corner of the center of the road so that it can not be seen as winding, and the fact that the plaintiff suffered from a violation of the summary order Nos. 19:00 on Oct. 16, 2014 (hereinafter referred to as "accident of this case"), and that the defendant suffered from an injury to the right-hand side of the above stones, such as a fine No. 34, 25, 194, 201.

According to the above facts, the defendant caused the accident of this case with the negligence of throwing the stones that interfered with traffic on the above roads.

참조조문