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(영문) 대구지방법원 2018.11.08 2018나4664
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and the original copy of the judgment were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. 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, he/she 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 to the time either the party or legal representative was not simply aware of the fact that the judgment was served by public notice, and further, the fact that the judgment was served by public notice is known only when the party or legal representative inspected the records of the case, or when the original copy

(1) The Plaintiff filed a lawsuit against the Defendant on May 16, 2008, seeking the payment of the claim amount under the Daegu District Court 2008Gaso2869, the 2010Da75044, 75051, etc. (see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). According to the purport of the written evidence No. 1 and the oral argument No. 201, the Plaintiff filed a lawsuit against the Defendant and the Defendant’s Da-dong District Court 2008Gaso2869, May 16, 2008. The court of first instance served a certified copy of the written performance recommendation with the Defendant’s written decision of service by public notice, and served the Defendant with the original copy by public notice. The Defendant may acknowledge the fact that the instant judgment was served with the title of execution by public notice and the collection order under the instant judgment on May 23, 2019, 2017.

According to the above facts, the above facts of recognition are examined.

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