(영문) 춘천지방법원 2015.12.18 2015나704 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2015.12.18 2015나704

대여금

Text

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

Reasons

1. If a copy of the complaint, original copy, etc. of the judgment were served by means of service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. 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 is entitled to file an appeal for subsequent completion within two weeks after such cause ceases

Here, the term “after the cause has ceased” 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 said judgment was delivered by public notice. Barring 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 of the judgment.

(2) According to the records of this case, the court of first instance rendered a judgment in favor of the Defendant on December 3, 2014, and rendered a judgment in favor of the Plaintiff on December 5, 2014, and the original copy of the judgment was delivered to the Defendant by public notice. The Defendant was unaware of the progress and result of the lawsuit. The Defendant was aware of the fact that the Plaintiff started the execution of the first judgment and the Defendant’s bank account was seized on January 9, 2015. The Defendant became aware of the fact that the first instance judgment was served by public notice only after having received the original copy of the first instance judgment from the Youngcheon District Court’s Young Branch Branch Branch on January 9, 2015, and the Defendant filed the instant appeal on January 19, 2015.

If so, the defendant can observe the appeal period due to a cause not attributable to him.

참조판례

-대법원 2006. 2. 24. 선고 2004다8005 판결

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