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(영문) 대구지방법원 2015.08.13 2014나19613
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 the complaint and the original copy of the judgment regarding the legitimacy of the subsequent appeal of this case were served by public notice, the defendant was not aware of the service of the judgment without negligence, unless there are special circumstances. In such a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her and the defendant is entitled to file a subsequent appeal within two weeks (30 days where the cause ceases to exist in a foreign country at the time the cause ceases to exist) from the date on which the cause ceases to exist (Article 173(1) of the Civil Procedure Act). Here, the "date on which the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, and further, the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, unless there are other special circumstances.

(2) According to the records, the court of first instance ordered the defendant to serve the documents by public notice on April 18, 2014, and subsequently rendered a judgment in favor of the plaintiff on June 17, 2014, after serving a notice of a copy of the complaint and the date for pleading by public notice, and served the original copy of the judgment to the defendant by public notice on June 19, 2014. The defendant was not aware of the fact that the judgment of first instance was pronounced, and the defendant was issued the original copy of the judgment by public notice at the court of first instance on November 3, 2014, and became aware of the fact that the judgment of first instance was served by public notice only after having received the original copy of the judgment at the court of first instance on November 3, 2014. The same month of the same month.

5. The fact that a petition for subsequent supplement of this case has been submitted may be recognized; and

Therefore, the appeal filed by the defendant after the subsequent completion of this case is a legitimate appeal that satisfies the requirements for subsequent completion of procedural acts.

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