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(영문) 광주고등법원 2016.02.02 2014나13999
보험계약무효 확인 등
Text

1. All appeals filed by Defendant B and C shall be dismissed.

2. The part against Defendant A in the judgment of the first instance is as follows.

Reasons

Whether a subsequent appeal is lawful

A. On November 11, 2014, the Defendants asserted that they were aware of the fact that the judgment of the first instance court was rendered after they received the judgment and the request for repayment from the Plaintiff, and that the appeal filed within two weeks thereafter is lawful.

B. (1) The “reasons for which a party is not liable” as stipulated in Article 173(1) of the Civil Procedure Act refers to the grounds why the party is unable to comply with the period despite the party’s due diligence for conducting the procedural acts. In a case where the service of documents related to the lawsuit was impossible while the lawsuit was in progress and the service of documents related to the lawsuit was made in a method of service by public notice as a result, the party is obligated to investigate the progress of the lawsuit from the beginning. Thus, if the party did not know the progress of the lawsuit before the court, it cannot be said that there is no negligence. Further, such obligation is borne, regardless of whether the party was present and present at the date for pleading, whether the party was notified of the date for pleading after the date for pleading, whether the party was notified of the date for pleading after the date for pleading

(2) According to the records and the purport of the entire pleadings by Defendant A, the first instance court served a written complaint on November 11, 2013 (hereinafter “place for delivery of Bosung-gun”); and Defendant A’s resident registration address at the time the written complaint was received; Defendant A’s resident registration address at the time the written notice was sent to Defendant A; the first instance court served the written notice on the delivery date of the first instance court to Defendant A on the delivery date of the said Bosung-gun but was sent on January 13, 2014, and the first instance court sentenced Defendant A to a judgment on January 16, 2014, and Defendant A’s original copy on October 10, 2014.

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