(영문) 의정부지방법원 2018.10.11 2018나2326

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(영문) 의정부지방법원 2018.10.11 2018나2326

대여금

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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. Facts falling under the following subparagraphs, which are significant or obvious to record, in this court:

① The Plaintiff filed an application with the Defendant for a payment order of KRW 15,00,000 and its interest amount of KRW 3,540,821 (Korean District Court 2014 tea2558).

On October 15, 2014, the defendant served the original copy of the payment order and the guidance for demand procedure. On October 29, 2014, the defendant submitted a written objection.

② In the litigation procedure commenced by the Defendant’s filing of an objection (the District Court Decision 2014Gada38689), when the service to the Defendant was impossible due to the absence of three-time closures in the demanding procedure, the first instance court served the notice of the date of pleading on the Defendant by means of delivery of the notice of the date of pleading to the Defendant. On July 13, 2015, the judgment rendered in favor of the Plaintiff on July 13, 2015, and the original copy of the judgment was also impossible to serve due to the addressee’s unknown, the service procedure was proceeded by public notice and became effective on August 5, 2015.

③ On March 26, 2018, after the above service became effective, the Defendant filed an appeal for subsequent completion on March 26, 2018.

2. Determination on the legality of a subsequent appeal

A. “A cause for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act means a cause for which a party could not observe the period even though the party had exercised generally due diligence to conduct a procedural act.

In a case where a document of lawsuit is served by public notice because it is ordinarily impossible to serve the document of lawsuit in the course of the lawsuit, such document shall be served by public notice from the first delivery of a copy of complaint to the case where the lawsuit was served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of such lawsuit and fails to abide by the peremptory period, it shall not

In addition, these obligations are present at the date of pleading by the parties.

참조조문

-민사소송법 제173조 제1항

유사 판례

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