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(영문) 부산지방법원 2020.08.28 2019나50465
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The judgment of the court of first instance is based on the first instance.

Reasons

1. Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date such cause ceases to exist.” In this context, the term “reasons not attributable to the party” means the reasons why the party was unable to observe the period, even though he/she fulfilled his/her duty of care generally required for conducting the litigation.

However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant

(2) According to the records and arguments of this case, the court of the first instance rendered a judgment accepting the Plaintiff’s claim on January 22, 2019, and the original copy of the judgment was served to the Defendant by means of service by public notice. According to the overall purport of the records and arguments of this case, the court of first instance can recognize the fact that the Defendant filed an appeal for subsequent completion on June 14, 2019, which became aware of the first instance judgment on June 5, 2019 and became aware of the fact that the Defendant filed an appeal for subsequent completion on June 14, 2019, which is within two weeks thereafter.

According to the above facts, it is reasonable to view that the defendant's failure to observe the peremptory period of filing an appeal was due to a cause not attributable to the defendant.

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