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(영문) 서울서부지방법원 2018.08.24 2018나32061
계약금반환
Text

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. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and the original copy of the judgment were served 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 observe the peremptory term 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. "after the cause ceases to exist." "after the cause ceases to exist." "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any other special circumstance. Thus, in ordinary cases, it shall be deemed that the party or

(2) As to the instant case, the Defendant did not know of the service of the judgment without negligence to the Defendant, and the Defendant did not know of the fact that the original copy, etc. of the instant complaint and the original copy, etc. of the judgment of the first instance were served on the Defendant by means of service by public notice. The Defendant did not know of the fact that the judgment of the first instance was pronounced, on January 23, 2018, and became aware of the fact that the original copy, etc. of the instant judgment was issued on February 5, 2018, and filed the instant appeal on February 5, 2018. Thus, as long as the duplicate and original copy, etc. of the written complaint were served on the Defendant by means of service by public notice, it constitutes a case where the Defendant was unable to comply with the peremptory term due to a cause not attributable to the Defendant, and the instant appeal filed on February 5, 2018, which was within two weeks from that time, satisfies the requirements for subsequent completion of the litigation.

2. Facts of recognition;

3. The Plaintiff under Article 1 of the Terms and Conditions of the Assignment of Rights is the store of this case.

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