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(영문) 의정부지방법원 2018.01.11 2017나210649
구상금
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.The following facts of recognition shall be apparent in the records or significant to this Court:

On January 13, 2012, the Plaintiff filed an application against the Defendant, etc. for a payment order under the Prime Minister’s High Court Decision 2012 teab625, and the Defendant filed an objection on the same day after being served with the original copy of the payment order on February 13, 2012, the said demand procedure was implemented as a litigation procedure.

(J) Goyang Branch of the District Court 2012Kadan501410). (b)

The first instance court served a notice of the date of pleading on the Defendant, but not on a closed door, and served a notice of the date of pleading after the notice of the date of pleading was sent to the Defendant, and served on the date of pleading after the notice of the date of pleading was served. The notice of the date of pleading resumption, the notice of the date of pleading resumption, the notice of the date of pleading, and the notice of the date of pronouncement (the date of September 27, 2012) sent each document to the Defendant, who is not served on

C. On September 27, 2012, the first instance court, which was sentenced on September 27, 2012, and the original of the judgment was not served on the Defendant due to the absence of closure, performed the service of the original judgment to the Defendant by means of public notice on November 22, 2012, and became effective at the time of December 70, 2012.

On September 7, 2017, the Defendant submitted the instant written appeal for the subsequent completion to two weeks from the date of entry into force.

2. Whether the subsequent appeal of this case is lawful

A. Article 173(1) of the Civil Procedure Act of the relevant legal doctrine refers to a reason why a party is unable to comply with the period even though the party fulfilled his/her duty of care to conduct litigation. In cases where documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by service by public notice, the party is obliged to investigate the progress of the lawsuit from the first delivery of the copy of the complaint to the case where the lawsuit was proceeded by public notice. Thus, the party is obliged to investigate the progress of the lawsuit.

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