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(영문) 창원지방법원 2018.03.20 2017나5215
물품대금
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. The following facts are apparent in the records:

On May 16, 2017, the Plaintiff filed a lawsuit against the Defendant for the claim for the payment of the instant goods with the Changwon District Court, and on May 17, 2017, the first instance court served a certified copy of the decision on performance recommendation and a litigation guide to the Defendant as “Gimhae-si C,” which is the Defendant’s address, and on May 22, 2017, the Defendant’s office clerk D received a certified copy, etc. of the decision on performance recommendation as above from the said address, and the Defendant filed an objection against this.

B. The first instance court shall give a notice of the date of pleading on June 5, 2017, and the same year.

7. 14. A notice of pronouncement date was sent to each defendant's address, and D, the defendant's office cause, received each of the above notices at the above address.

On August 11, 2017, the first instance court served the original copy of the judgment on the defendant, and D received the original copy of the judgment on the 16th of the same month.

C. On September 11, 2017, the Defendant received the original copy of the judgment of the first instance on September 25, 2017 after two weeks from the date of receipt of the original copy of the judgment, and submitted a written appeal for subsequent completion to the first instance court.

2. Whether a subsequent appeal is lawful;

A. The defendant's assertion that the defendant's business ground D was served with the copy of the complaint and the original copy of the judgment of this case by the court of first instance, but the lawsuit of this case is pending on the wind that does not transfer them to inside directors E who are the defendant's representative, as well as the fact that the judgment of the court of first instance is pronounced, and the court of first instance became aware of the fact that the judgment of the court of first instance was pronounced only after confirming the progress of the case in the court in charge, and accordingly, the defendant filed an appeal subsequent to the subsequent completion of this case. Thus,

B. 1) The appeal shall be filed within two weeks from the date on which the judgment of the first instance was served (Article 396(1) of the Civil Procedure Act, and subsequent supplementation of the procedural acts, such as an appeal after the lapse of the appeal period, shall be in accordance with the peremptory period due to any cause not attributable to the parties.

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