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(영문) 대구지방법원 2017.04.06 2016나10122

구상금

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. Whether a subsequent appeal is lawful;

A. If a copy of the complaint of related legal principles and the original copy of the judgment were 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 was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal for subsequent appeal within two weeks after such cause ceases to exist.

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 rendered by means of service by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. Barring any special circumstances, barring 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 inspected the

B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).

Facts of recognition

The following facts are significant or obvious to this court in terms of records:

1) On September 15, 2015, the court of first instance served a copy of the complaint and a written guidance of lawsuit on the date of pleading on October 14, 2015, respectively, on the grounds of service by public notice, and on November 9, 2015, issued a written notice of the date of pleading to the Defendant without the Defendant’s appearance, and concluded the pleading and rendered a judgment in favor of the Plaintiff on the same day. On the same day, the court of first instance also served the Defendant by public notice on November 13, 2015, and served the original copy on the Defendant by public notice, and then the service became effective on November 13, 2015. (2) Meanwhile, on the other hand, on February 17, 2016, the Defendant requested the court of first instance to peruse and duplicate the litigation records of this case including the judgment.

3. On August 26, 2016, the Defendant submitted the instant written appeal for the subsequent completion.

C. According to the above facts of recognition, the Defendant perused and copied the records of the instant case on February 17, 2016.