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(영문) 대구지방법원 2021.02.10 2020나314258
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. If the original copy of a written complaint, the original copy of the judgment, etc. are served by the method of public notice as to the legitimacy of the subsequent appeal, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant is 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 completion within two weeks after the fact is dismissed.

Here, “after the absence of any other reason” refers to the time when a party or legal representative becomes aware of the fact that the judgment was rendered by means of public notice, rather than the mere fact that the party or legal representative was served, and, barring any other special circumstance, the party or legal representative became aware of the fact that the judgment was served by means of public notice only when the party or legal representative inspected the records of the case or received a new authentic copy of the judgment.

In light of the overall purport of the record and the changed theory of this case, the court of first instance rendered a judgment that fully accepts the plaintiff's claim on May 7, 2020 after serving a copy of the complaint, notification of the date of pleading, etc. to the defendant by public announcement, and then serving the defendant on May 8, 2020. The judgment was served on the defendant by serving public notice on May 8, 2020. The defendant knew that the judgment was served on contact with the employees of the credit information company requested by the plaintiff on July 8, 2020, and that the judgment was served on the defendant by serving public notice. Thus, the appeal of this case filed by the defendant on July 17, 2020 before the lapse of two weeks is lawful.

2. Judgment on the merits

A. In full view of the respective descriptions and changes of Gap evidence Nos. 1 through 5 (including branch numbers) as to the cause of the claim, the plaintiff has its head office in red bean as the defendant's introduction.

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