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(영문) 대구지방법원 2015.05.21 2014나16942
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff succeeding intervenor KRW 11,197,835 and 2,980 among them.

Reasons

1. On September 24, 2014, the Plaintiff’s succeeding intervenor asserts that the instant appeal is unlawful, inasmuch as the Plaintiff filed an appeal on September 24, 2014, when he/she became aware of the fact that the first instance judgment was rendered by having the Defendant issued on September 5, 2014 a copy of the order of seizure and collection, which was issued by the first instance judgment as the executive title.

Unless there are special circumstances, if a copy, original copy, etc. of a complaint was served by public notice, the defendant was not aware of the service of the judgment without negligence, and in such a case, the defendant may file an appeal for subsequent completion within two weeks from the date on which such reason ceases to exist, because he/she was unable to comply with the peremptory period due to reasons not attributable to him/her.

Here, the term “the date on which such cause ceases to exist” refers to the time when a party or legal representative becomes aware of the fact that the judgment was served by means of service by public notice, instead of simply knowing the fact that the judgment was served by public notice. Barring any special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received a new original copy

(Supreme Court Decision 2014Da10441 Decided June 12, 2014, Supreme Court Decision 2010Da75044, 75051 Decided January 10, 2013, and Supreme Court Decision 2009Da10167 Decided April 15, 2010, etc.) Furthermore, the judgment of the first instance court was rendered on September 7, 2007 after the copy of the complaint was served on the Defendant by public notice. The original copy of the judgment was served on the Defendant by public notice on September 11, 2007, and the Plaintiff’s succeeding intervenor was issued a collection order and seizure of claims and collection order on August 11, 2014 with the title of title, and the Defendant’s resident registration was issued on March 9, 2014 with the original copy of the decision.

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