logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.08.13 2019나8211
매매잔대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Determination on the legitimacy of a subsequent appeal

(a)The following facts of recognition are apparent or obvious to this Court in the records:

1) The first instance court served a duplicate, etc. of the instant complaint on the location of the Defendant’s head office, and on April 30, 2019, the Defendant’s representative inside director D received the said documents [the reference column for the notice of reasons for service prepared by the execution officer is indicated as “(D) the case suspected of being free of charge, and the signature is refused.”

[2] As above, the Defendant did not submit any document, such as a written reply, even though receiving a duplicate of the complaint, etc., and the first instance court served a notice of the date of rendering a judgment without pleading to the Defendant’s address, but it was impossible to serve it due to the Defendant’s absence, and served it by means of delivery as of June 25, 2019.

3) On July 18, 2019, the first instance court sentenced the judgment on July 18, 2019. When the original of the judgment attempted to serve the Defendant’s domicile as the Defendant’s address but it was impossible to serve the original copy due to the addressee’s absence, service by public notice was served on July 26, 2019. On August 10, 2019, the first instance court served the Defendant by public notice at the time of service. (4) The first instance judgment was formally confirmed on August 24, 2019, when the period for filing an appeal exceeds the period for filing an appeal by the Defendant, and the Defendant submitted the instant written appeal to the effect on September 11, 2019.

B. (1) Subsequent completion of procedural acts refers to the case where a party was unable to comply with the peremptory period due to a cause not attributable to him/her, thereby enabling him/her to supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist (see Article 173(1) of the Civil Procedure Act and Article 173(1) of the Civil Procedure Act “reasons not attributable to the party” refers to the causes for which the party was unable to comply with the said period even though he/she had exercised the due diligence to do the procedural acts in general.

Therefore, it has become impossible to serve documents of lawsuit during the process of litigation.

arrow