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(영문) 대구지방법원 2015.01.08 2014나14373
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. If a copy of the complaint and the original copy of the judgment regarding the legitimacy of the subsequent appeal of this case were served by public notice, the defendant was not aware of the service of the judgment without negligence, unless there are special circumstances. 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) from the date on which the cause ceases to exist (Article 173(1) of the Civil Procedure Act). Here, the "date on which 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, and further, the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, unless there are other special circumstances.

(2) According to the records, the court of first instance ordered the service of the Defendant by public notice on August 16, 2012, and subsequently rendered a judgment in favor of the Plaintiff on September 26, 2012, after the notice of the date of pleading was served by public notice, and the original copy of the judgment was served on the Defendant by public notice on October 3, 2012. The Defendant was not aware of the fact that the judgment of first instance was pronounced, and only after the Defendant inspected the records of this case and received the original copy of the judgment by public notice at the first instance court on August 25, 2014, the first instance court became aware of the fact that the judgment was served by public notice, and on the same day, the fact that the subsequent completion of the appeal in this case was submitted can be recognized.

Therefore, the appeal filed by the defendant after the subsequent completion of the case is within the lawful appeal period and the requirement for subsequent completion of procedural acts.

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