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(영문) 광주지방법원 2016.10.21 2015나52462
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.

Reasons

1. If a copy of a complaint, an original copy, etc. 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, barring any special circumstance. In such a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her, and thus, the defendant is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist." "after the cause ceases to exist" refers not to the case where the party or legal representative does not know of the fact that the judgment was served by public notice, but to the case where the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any other special circumstance. Thus, in ordinary cases, the

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006). The court of first instance rendered a judgment against the defendant by serving a duplicate of the complaint of this case and a notice of the date for pleading, etc. by public notice, and proceed with pleadings. On October 16, 2013, the court rendered a judgment accepting the Plaintiff’s claim on October 16, 2013. The original copy of the judgment was served on the Defendant by public notice on October 23, 2013. The Defendant was issued the original copy of the judgment on June 3, 2015, and the Defendant filed an appeal for the instant subsequent completion on June 5, 2015, which is within two weeks thereafter, is obvious or obvious in this court.

In light of the above facts of recognition, the judgment of the court of first instance was rendered without the defendant's knowledge that the lawsuit of this case was pending, and the defendant was served with the defendant by means of service by public notice, and the defendant was not aware of the service of the judgment of the court of first instance without negligence. Thus, two weeks from the date the defendant became aware that the judgment of the court of first instance was served by means of service by

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