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(영문) 서울서부지방법원 2018.12.14 2018나38915
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and the original copy of the judgment were served 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 is unable to observe the peremptory term due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist." "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any other special circumstance. Thus, in ordinary cases, it shall be deemed that the party or

(2) On August 20, 2018, when an execution officer was aware of the judgment of the court of first instance on August 8, 2018, he/she became aware of the judgment and filed an appeal for the subsequent completion of the judgment of this case on August 20, 2018. As such, once the original copy of the complaint and the original copy of the judgment were delivered to the Defendant by public notice, the Defendant falls under a case where the peremptory period cannot be observed due to any cause not attributable to the Defendant, and from that time on August 20, 2018, the Defendant did not know that the judgment of the court of first instance was pronounced. The Defendant satisfied the requirements for procedural acts of this case, which was filed on August 20, 2018.

(a) the facts of recognition;

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