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(영문) 대구지방법원 2017.08.24 2017나658
부당이득금
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. If a copy of the complaint of related legal principles and the original copy of the judgment 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 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 to exist.

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 rendered by means of service by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice. Barring any special circumstances, 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

B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).

Judgment

On August 19, 2016, after the first instance court served a copy of the complaint against the defendant, a notice of date for pleading, etc. by public notice and proceeded with pleadings, the court rendered a judgment accepting all claims against the plaintiff on August 19, 2016. The original copy of the judgment was served by public notice to the defendant on August 25, 2016. The defendant submitted an application for perusal and duplication to the court of first instance on December 30, 2016, and became aware of the fact that the judgment of the first instance was served by public notice through perusal of the records of the case in the first instance court by submitting an application for perusal and duplication to the court of first instance on December 30, 2016, and the fact that the defendant filed an appeal on January 6, 2017, which

According to the above facts, the defendant was unable to observe the peremptory appeal period due to a cause not attributable to him.

Therefore, the defendant raised within two weeks from the date on which he became aware of the fact that the judgment of the court of first instance was served by public notice.

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