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(영문) 부산지방법원 2020.12.02 2020나3120
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff filed the instant lawsuit on January 15, 2020.

B. On January 23, 2020, the Defendant received a certified copy of the decision on performance recommendation and a litigation guide directly and filed an objection on January 29, 2020.

On February 24, 2020 and March 19, 2020, the Defendant received directly a written answer submitted by the Plaintiff, and submitted a written answer on February 26, 2020 and March 20, 2020.

C. On May 21, 2020, the first instance court served a notice of the date for pleading on the Defendant, but did not serve as a closed door, and subsequently concluded the pleadings and sentenced the first instance judgment on May 26, 2020.

The court of first instance intended to serve the original copy of the judgment of the court of first instance to the defendant, but is not served due to the absence of documents or the unknown director. On June 23, 2020, the original copy of the judgment of first instance was served on July 8, 2020 and became effective.

E. On August 13, 2020, the Defendant submitted the instant written appeal for the subsequent completion.

[Grounds for recognition] The substantial facts in this Court and the purport of the whole pleading

2. Article 173(1) of the Civil Procedure Act of the judgment on the legality of an appeal for subsequent completion refers to the grounds for which the parties could not observe the period even though the parties fulfilled generally required care for conducting procedural acts. In a case where documents of lawsuit are unable to be served by means of ordinary means during the process of litigation and served by public notice, the documents of lawsuit cannot be served by means of service during the process of litigation, and thus, the parties are obligated to investigate the progress of the lawsuit by public notice. Thus, if the parties fail to abide by the peremptory period due to the failure to investigate the progress of the lawsuit, it cannot be deemed as due to any cause not attributable to the parties, and such obligation is attributable to the party, whether the parties present at the date of pleading and present at the date of pleading, and whether the parties present at the date of pleading.

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