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(영문) 서울동부지방법원 2021.01.13 2020나29875
양수금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. If the main text of the complaint as to the legitimacy of the subsequent appeal and the main text of the ruling were served by means of 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 term due to a cause not attributable to the defendant, and thus, the subsequent appeal may be filed within two weeks from the date of commencement of the appeal due to lack of such cause.

The term "date of advancement" refers to the time when the party or legal representative becomes aware of the fact that the judgment was rendered, and further, the fact that the judgment was served by means of public notice service is known.

In ordinary cases, only when the parties or legal representatives have perused the records of the case or received a new copy of the judgment, they become aware of the fact that the judgment was served by means of public notice service.

It shall be viewed (see Supreme Court Decision 2004Da8005, Feb. 24, 2006). The judgment of the first instance was rendered after a written complaint and the written notice of the date of pleading, etc. were served on the Defendant by means of public notice delivery, and the first judgment also was served on the Defendant by means of public notice delivery, and the Defendant received a certified copy of the judgment on August 20, 2020, and the Defendant submitted the written appeal of this case to the first instance court on October 6, 2020, clearly and clearly by record.

According to the above facts of recognition, the defendant became aware of the fact that the judgment of the first instance was delivered by means of public notice by receiving a certified copy of the judgment on August 20, 2020.

must be viewed.

Nevertheless, since the defendant filed an appeal for the subsequent completion after the lapse of two weeks from the defendant, the appeal for the subsequent completion of the case is an incidental law.

2. The defendant's appeal is unlawful and thus it is so decided as per Disposition by the assent of all participating Justices.

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