(영문) 창원지방법원 2015.12.24 2015나5273 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 2015.12.24 2015나5273

채무부존재확인

Text

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. Determination on the legitimacy of a subsequent appeal

A. If a copy, original copy, etc. of a complaint was served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her, and thus, he/she may file an appeal to correct it within two weeks after such cause ceases to exist.

The term "after the cause has ceased to exist" refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the judgment was delivered by public notice. Thus, barring any special circumstances, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative inspected the records of the case or received a new original of the judgment

(Supreme Court Decision 2010Da75044, 75051 Decided January 10, 2013). B.

According to the records of this case, the court of first instance rendered a judgment accepting all the plaintiff's claims against the defendant on May 22, 2015 after the lawsuit was brought by service by public notice. The above original of the judgment was served on the defendant by public notice on May 27, 2015. The defendant received the original of the judgment of the court of first instance on June 2, 2015, and became aware of the progress and result of the lawsuit of first instance and filed the appeal of this case on June 15, 2015.

C. Examining these facts in light of the legal principles as seen earlier, the Defendant’s failure to observe the peremptory period of filing an appeal is due to any cause not attributable to the Defendant. Therefore, the instant appeal filed by the Defendant within two weeks from the time the judgment of the first instance became served by public notice was lawful by satisfying the requirements for subsequent completion of procedural acts.

2. Basic facts

A. The Defendant on September 18, 2013

참조판례

-대법원 2013. 1. 10. 선고 2010다75044,75051 판결

유사 판례

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