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(영문) 대구지방법원 2017.09.21 2017나303425
양수금
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

1. Whether a subsequent appeal is lawful;

A. If a copy of the complaint of related legal principles and the original copy of the judgment were served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal for subsequent appeal within two weeks after such cause ceases to exist.

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was rendered by means of service by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. Barring any special circumstances, barring special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the

B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).

Judgment

On June 13, 2014, after the court of first instance served a duplicate of complaint, notification of date for pleading, etc. on the defendant by public notice, and the proceedings for pleadings were conducted, the court rendered a judgment that fully accepts the plaintiff's claim against the defendant on June 13, 2014. The original copy of the judgment was served by public notice to the defendant on the 17th of the same month. The defendant, on February 15, 2017, submitted to the court of first instance for perusal and duplication of the records of the case to the court of first instance, was aware of the fact that the judgment of first instance was served by public notice after perusal and duplication of the records of the case in the first instance court, and on February 22, 2017, the defendant filed an appeal for subsequent completion of the case on February 2

According to the above facts, the defendant was unable to observe the peremptory appeal period due to a cause not attributable to him.

Therefore, the defendant raised within two weeks from the date on which he became aware of the fact that the judgment of the court of first instance was served by public notice.

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