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(영문) 서울서부지방법원 2019.05.03 2018나1210
손해배상(기)
Text

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.

Reasons

1. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and the original copy of the judgment were served by means of service by public notice, 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 the defendant is entitled to file a subsequent appeal within two weeks (30 days where the cause ceases to exist in a foreign country at the time the cause ceases to exist) after the cause ceases to exist. Here, the term "after the cause ceases to exist" refers to the time when the parties or legal representatives knew of the fact that the judgment was served by public notice, rather than the time when the parties or legal representatives knew of the fact that the judgment was served by public notice. Barring any special circumstance, it shall be deemed that the parties or legal representatives knew of the fact that the judgment was served by public notice only

(2) According to the records, the court of first instance rendered a judgment in favor of the defendant on September 13, 2017 after serving the defendant with a copy of the complaint and other documents related to the lawsuit by means of service by public notice, and served the original copy of the judgment by public notice to the defendant on September 13, 2017, and the defendant was not aware of the fact that the judgment was rendered by public notice, and the defendant was received the original copy of the judgment of the first instance on April 24, 2018 and received the original copy of the judgment of the first instance on April 27, 2018, and filed an appeal for the completion of the judgment of this case on April 27, 2018. As long as the copy of the complaint and the original copy of the judgment were served on the defendant by means of service by public notice, it constitutes a case where the defendant was unable to comply with the peremptory period due to a cause not attributable to the defendant.

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