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(영문) 대구지방법원 2018.09.13 2018나2408
물품대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit against the defendants is dismissed in entirety.

3. The total cost of the lawsuit.

Reasons

1. If a copy of the complaint and the original copy of the judgment were served by public notice as to the legitimacy of the appeal of this case, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist." "after the cause ceases to exist" refers not to the time the party or legal representative was aware of the fact that the judgment was served by public notice, but to the time when the party or legal representative became aware of the fact that the judgment was served by public notice, barring any other special circumstance. Thus, in ordinary cases, the parties or

(2) According to the records of this case, the court of first instance rendered a judgment of accepting all claims against the Defendants on May 28, 2008 after serving the Defendants with the notice of the date of pleading, such as the duplicate of the complaint, and the date of pleading by means of service by public notice, and served the Defendants with the original copy of the judgment by public notice. Defendant B received the original copy of the judgment on February 28, 2018, and the Defendants filed an appeal for subsequent completion with the court of first instance on March 13, 2018.

According to the above facts, the defendants could not be able to observe the appeal period, which is a peremptory period, because they were served by means of service such as a copy, original copy, etc. of the complaint of this case by public notice and were unaware of the progress and result, etc. of the lawsuit of this case for reasons not attributable to themselves. Thus, the appeal of this case filed within two weeks from the time when the defendants received the original copy of the judgment of the court of first instance,

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