(영문) 서울중앙지방법원 2019.07.05 2018나59740

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(영문) 서울중앙지방법원 2019.07.05 2018나59740

양수금

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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 plaintiff asserts that the appeal of this case filed at the lapse of two weeks from the above point of view is unlawful, since the plaintiff was served with the defendant on June 16, 2009 by Sungwon District Court 2009 Sung-nam Branch 2009TTTT2579 and was served with the judgment of the court of first instance, which is the title of execution, by service by public notice.

Unless there are special circumstances, if a copy of complaint, original copy of judgment, etc. are served by service by public notice, the defendant was not aware of the service of the judgment without negligence, and in such case, the defendant is unable to comply with the peremptory period due to a cause not attributable to him, and thus, he may file an appeal subsequent to subsequent completion within two weeks after the cause ceases to exist. In a case where the defendant knew of the fact that the judgment was in question and there are special circumstances deemed to be naturally recognizable to him, it shall be reasonable to view that the defendant had known of the fact that the judgment was served by public notice at the time when the ordinary time used to inquire about the fact, and that

(2) On January 2, 2008, the court below's judgment of the first instance was delivered on January 2, 2008 by public notice to the defendant, taking into account the following facts: (a) The original copy of the court of first instance was served on the defendant on January 2, 2008; and (b) A applied for the seizure and collection order for the claim against the defendant, including the deposit against D, E, and F, the Defendant on March 23, 2009, upon applying for the seizure and collection order as the title of the judgment of the first instance as the head of Suwon District Court's Sung-nam Branch Branch Branch 2009T2579, with regard to which the court of first instance applied for the seizure and collection order for the claim against D, E, and F, the above decision was delivered by public notice. However, according to the evidence, according to the above evidence, the defendant can still be recognized as the defendant.

참조판례

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