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(영문) 전주지방법원 2020.06.17 2019나6440
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The instant lawsuit is dismissed.

2. The total cost of the lawsuit.

Reasons

1. Whether a subsequent appeal is lawful;

A. Since around April 2018, the Plaintiff’s assertion by the Plaintiff’s succeeding intervenor verified the Defendant’s address from around April 2018 to deliver to the Defendant a notice of acceptance of debt collection, a demand notice for repayment of debt, a notice of commencement of legal measures, a notice of provisional seizure of claims, and a notice of scheduled application for specification of property, the Defendant became aware of the fact that the first instance judgment exists.

Therefore, the defendant's subsequent appeal is unlawful.

B. 1) The Plaintiff filed the instant lawsuit, and the duplicate of the complaint was not served on the Defendant. As such, the court of first instance served the Defendant with a copy of the complaint by means of service by public notice on January 14, 2013, the court of first instance concluded the pleadings on May 15, 2013, and sentenced the same date. On May 20, 2013, the court of first instance served the Defendant with an original copy of the judgment by public notice and served it on May 21, 2013.

3) The Defendant was not aware of the fact that the judgment of the first instance was delivered by public notice on July 1, 2019, and was issued the original copy of the decision of the Incheon District Court 2019TTTTT 12493 and the decision of the collection order. On July 9, 2019, the Defendant perused the records of this case and was issued the original copy of the judgment of the first instance court. 4) On July 11, 2019, the Defendant submitted a written appeal for subsequent completion on July 11, 2019.

[Grounds for recognition] Nos. 1, 2, and 3 of Eul, significant facts, the purport of the whole pleadings

C. If a copy, original copy, etc. of the judgment was 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 may file an appeal to correct the judgment within two weeks (30 days if the reason was in a foreign country at the time when the reason ceases to exist) after the cause ceases to exist, by falling under the case where it was impossible to comply with the peremptory period due to a cause

Here, “after the cause has ceased” means the parties or parties.

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