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(영문) 서울서부지방법원 2018.11.23 2018나36162
구상금
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. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and an 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 is not simply aware of the fact that the judgment was served by public notice, but the fact that the judgment was served by public notice is known by public notice, barring any other special circumstance. Thus, in ordinary cases, the party or legal representative becomes aware

(2) According to the records, the court of first instance rendered a judgment in favor of the Defendant on February 8, 2018 after serving the Defendant with a copy of the complaint and other documents related to the lawsuit by public notice, and served the original copy of the judgment by public notice to the Defendant on February 8, 2018. The Defendant was not aware of the fact that the judgment of first instance was pronounced. The Defendant was issued the original copy of the judgment of first instance on June 4, 2018 and was aware of the fact that he received the original copy of the judgment of first instance on June 18, 2018, and filed an appeal of this case on June 18, 2018. Thus, once the Defendant was served on the Defendant by public notice, it is obvious or obvious to the record that the Defendant filed an appeal of this case on June 24, 2018. As above, the Defendant did not know of the service of the judgment without negligence and thus, the Defendant could not comply with the peremptory period due to any cause not attributable to the Defendant.

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