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(영문) 창원지방법원 2021.01.29 2020나53597
대여금
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. The plaintiff asserts that the appeal for subsequent completion is unlawful, and the plaintiff's appeal for subsequent completion is examined.

A. Subsequent supplementation of litigation may be made within two weeks from the date when the parties concerned were unable to observe the peremptory period due to a cause not attributable to them (Article 173(1) of the Civil Procedure Act). Here, the term “reasons for which the parties cannot be held liable” refers to the grounds for which the parties could not observe the period even though they have exercised generally due diligence to conduct such litigation. Thus, where the delivery of litigation documents is impossible due to a inevitable reason as a result of the failure of delivery of public notice, it shall be different from that of service by public notice from the beginning, and it shall be deemed that the parties have the duty to investigate the progress of litigation, unless the parties were to know of the progress of litigation at the court. It is evident that this obligation was served to the Defendant on the date of pleading, whether the parties appeared and present at the date of pleading, whether the subsequent date was served on the date of pleading, and whether there was no address to appoint an agent, regardless of whether the original notice was served on the Defendant on the 20-19th court.

3.2

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