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(영문) 서울서부지방법원 2015.11.12 2014나7012
물품대금
Text

1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

We examine the legality of the appeal of this case.

1. The following facts are significant in this Court:

On May 30, 2013, the Plaintiff had been present until June 26, 2014 after receiving the notice of the first date for pleading from the service place, and the Plaintiff continued to appear until the sixth day for pleading on June 26, 2014, when the court of first instance notifies the date of closing argument and notifies the date of declaration after the date of closing argument and notifies the date of declaration on the date of the first instance trial. The court of first instance, which is the date of declaration. The date of declaration, is the same year.

7. 24. Judgment dismissing the Plaintiff’s claim was pronounced.

The participating officer of the first instance court served the original copy of the above judgment as the service place, but is not served as a director's unknown.

8. 1. The same year, under an order of the presiding judge of the first instance to serve the original copy of the judgment by public notice, and serving it by public notice;

8. 22. The judgment was delivered to the Plaintiff, and the above judgment was delivered to the Plaintiff.

9.5. Finality has been made.

B. The Plaintiff did not report the change of address to the court of first instance until the said judgment was rendered, and on December 5, 2014, 14 days after the date of arrival of the original copy of the said judgment.

2. Determination

A. In light of this, the “reasons for which a party cannot be held liable” as stipulated in Article 173(1) of the Civil Procedure Act refers to the reasons why the party could not observe the period even though he/she fulfilled his/her duty of care to conduct procedural acts. In cases where documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the case where a lawsuit was first proceeded by public notice from the delivery of a copy of the complaint to the point of time.

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