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(영문) 서울중앙지방법원 2020.12.09 2020나22987
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 4, 2020, the Plaintiff asserts that the instant appeal is unlawful on the grounds that the Defendant did not meet the requirements for the completion of the subsequent appeal, as it did not meet the requirements for the completion of the subsequent appeal, since the first instance judgment was served on February 4, 202 by means of service of public notice, and became aware of the fact that the said judgment was served by means of service of public notice, and that subsequent appeal was filed after

If a copy of the complaint, original copy of the judgment, etc. were served by service 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 comply with the peremptory period due to a cause not attributable to him/her, and thus, he/she is entitled to file an appeal by up to two weeks (30 days if the cause ceases to exist in a foreign country at the

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 any other 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 the original copy of

(see, e.g., Supreme Court Decisions 2015Da8964, Jun. 11, 2015; 2019Da217179, Sept. 9, 2019). The first instance court rendered a judgment accepting the Plaintiff’s claim on September 2, 2016 after serving a copy of the complaint and notice of date for pleading against the Defendant by public notice, etc. and serving it as a means of service by public notice. The original judgment also served on the Defendant by public notice; the Defendant was issued a certified copy of the judgment on March 3, 2020; the Defendant filed the instant appeal on March 16, 2020; and the fact that the Defendant filed the instant appeal on September 16, 2020 is apparent.

According to the above facts of recognition, the defendant on March 2020.

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