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(영문) 광주지방법원 2016.07.08 2015나9604
손해배상(기)
Text

1. Of the judgment of the court of first instance, as to KRW 2,700,295 against the Plaintiff and KRW 2,700,000 among the judgment, from September 1, 2005 to the Plaintiff.

Reasons

1. Whether a subsequent appeal is lawful;

A. The Plaintiff’s assertion is unlawful by filing a subsequent appeal on September 18, 2015, which was 14 days after the lapse of 14 days from the date when the Defendant’s wife purchased the said corporeal movables in the auction case of corporeal movables conducted by the first instance judgment on June 14, 2006, and acquired the existence of the first instance judgment and the progress of the auction, even though he had known of the existence of the first instance judgment and the progress of the auction.

B. Unless there exist special circumstances, if a copy of a complaint, an original copy, etc. of judgment were served by service by public notice, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him and the defendant is entitled to file a subsequent appeal within two weeks from the date on which such cause ceases to exist. 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, rather than the time when the party or legal representative became aware of the fact that the judgment was served by public notice. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that

(1) The plaintiff filed a lawsuit against the defendant on Nov. 20, 2003 to pay damages of KRW 3,234,00 and damages for delay on Nov. 20, 2003. The first instance court rendered a favorable judgment of the plaintiff on Sept. 23, 2004 and rendered a favorable judgment of the plaintiff on Sept. 23, 2004, and delivered the original copy of the judgment to the defendant by public notice, and then delivered the original copy of the judgment to the defendant by public notice, and thereafter, the plaintiff filed a lawsuit against the defendant on Nov. 20, 2003.

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