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(영문) 서울중앙지방법원 2021.02.18 2020나23010
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Determination on the legitimacy of the subsequent appeal

A. The gist of the Plaintiff’s assertion is that the Defendant received a duplicate of the complaint and a notice of the date of the first pleading in the first instance trial, and thus, the judgment of the first instance was served by means of public notice to the Defendant.

Even if the defendant had a duty to confirm the progress of the case.

Since the defendant's failure to file an appeal within the appeal period cannot be viewed as due to any cause not attributable to him, the defendant's subsequent appeal is not a law.

B. The Defendant’s father G living together with the Defendant was served on October 4, 2018 by the Defendant’s father H and I, a domicile of the Defendant at the time of the Defendant’s filing of the instant complaint.

2) On December 18, 2018, G received a notice of the first instance trial date at the address above (hereinafter “the first instance trial”) of the first instance trial at the address above (hereinafter “the first instance trial”).

3) On February 19, 2019, the Defendant appeared on the first hearing date and presented a written answer, etc., and then notified the second hearing date, but did not appear on the second hearing date on March 19, 2019.

4) G was served on March 26, 2019 with a three-time notice of the date of pleading at the address above, and the Defendant did not appear on the third time of pleading on April 30, 2019.

5) G received a notice of the date of pronouncement of the judgment at the above address on May 2, 2019, and the Defendant did not appear on the date of pronouncement of the judgment on June 18, 2019.

On June 18, 2019, the first instance court rendered a judgment in favor of the plaintiff against the defendant.

6) The first instance court served the original copy of the judgment of the first instance on the Defendant’s domicile. On June 24, 2019, it was impossible to serve the original copy of the judgment on the Defendant’s domicile.

Accordingly, on June 17, 2019, the first instance court served the defendant with the original copy of the judgment of the first instance on the method of serving public notice, and on July 12, 2019, the service to the defendant became effective.

7) On March 6, 2020, the Defendant applied for perusal and duplication of the instant case, and submitted a petition of appeal to the first instance court on March 19, 2020.

[Reasons for Recognition] There is no dispute;

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