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(영문) 서울고등법원 2018.05.11 2017나2059131
추심금
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

The defendant's legal team manager in charge of the defendant's argument regarding the legitimacy of the appeal for the completion of the appeal agreed to the progress of the electronic litigation to submit a brief response after obtaining the records of the case, but thereafter did not participate in the lawsuit in consultation with the truster or beneficiary at the business team.

The defendant's business team manager did not know that this case was under way in electronic litigation, and after the lapse of the appeal period against the judgment of the court of first instance, he was aware of the progress of the first instance trial and the judgment.

In addition, the defendant entered the e-mail address and mobile phone numbers into the electronic litigation system, and was not notified of the registration of the electronic document as text messages.

Therefore, since the defendant could not have complied with the period of appeal due to a cause not attributable to him, the defendant's appeal to complete the appeal is lawful.

Article 11 (Electronic Service or Notification) (1) Where a person to be served or notified falls under any of the following subparagraphs, the junior administrative officer, etc. of a court may electronically serve or notify it through an electronic data processing system:

1. Where a registered user who has consented to the progress of civil litigation using an electronic data processing system, as prescribed by the Supreme Court Regulations;

2. Where the registered user agrees to the progress of civil litigation, etc. using an electronic data processing system as a registered user after being served with a document or other document outputing out the electronic document;

3. Where a registered user is the State, a local government, or a person corresponding thereto who is prescribed by the Supreme Court Regulations.

(4)

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