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(영문) 의정부지방법원 2018.06.28 2018나1057
약속어음금
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. Determination on the legitimacy of a subsequent appeal

A. Unless there are special circumstances, if a copy of complaint, original copy of judgment, etc. were served by service by public notice, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal 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 to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of

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

In light of the above legal principles, the first instance court served a copy of the complaint against the defendant, notification of the date for pleading, etc. by public notice and rendered a judgment accepting the plaintiff's claim on November 30, 2017, and served the original copy of the judgment to the defendant by public notice. On December 1, 2017, the defendant was aware that the original copy of the judgment was served on the defendant by public notice on December 1, 2017, and the fact that the court of first instance filed a subsequent appeal on December 15, 2017, prior to the lapse of two weeks, was clearly recorded. Thus, the defendant's appeal of this case is legitimate appeal satisfying the requirements for subsequent completion of litigation.

2. In full view of the overall purport of the pleadings in each of the statements No. 1, No. 1, and No. 4 (including additional numbers) as to the cause of the claim, the Plaintiff shall be the Defendant several times from February 2002 to September 2002.

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