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(영문) 의정부지방법원 2017.06.01 2016나10347
손해배상(기)
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim against the above revocation is dismissed.

2...

Reasons

1. Determination on the legitimacy of a subsequent appeal

A. Unless there are special circumstances, if a copy of complaint, original copy of judgment, etc. were served by service by public notice, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal 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. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of

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

In light of the above legal principles, the first instance court served a copy of the complaint against the defendant, notification of the date for pleading, etc. by public notice, and rendered a judgment of partially accepting the plaintiff's claim on December 18, 2015, and served the original copy of the judgment to the defendant by public notice. On October 11, 2016, the defendant was aware that the record of the case was served only on October 20, 2016, prior to the lapse of two weeks from the date when he was aware that the judgment was served by public notice, and the fact that the appeal of this case was filed on October 20, 2016 is clearly recorded. Thus, the defendant's appeal of this case is a lawful appeal satisfying the requirements for the subsequent completion of litigation.

2. Article 1 of the facts constituting the basis for cooperation.

1. The Plaintiff faithfully carries out storage and delivery without theft, loss, or damage with respect to the Defendant’s purchased or sold products (coverage, freezing, and temperature).

2. Expenses for the storage and distribution of the plaintiff's goods shall be monthly.

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