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(영문) 수원지방법원 2020.12.22 2019나3032
대여금
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

Unless there exist special circumstances, if a copy of a complaint of determination on the legitimacy of an appeal for subsequent completion and an original copy of the judgment were served by service by public notice, 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 either the party or legal representative becomes aware of the fact that the judgment was served 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 other special circumstances, it shall be deemed that the party or

(2) The judgment of the court of first instance is rendered on December 4, 2018, and the original copy of the judgment is delivered to the Defendant and C by public notice, and the Plaintiff received a seizure and collection order as the executive title of the judgment of the first instance on January 24, 2019 with respect to the Defendant’s claim to return the lease deposit as the title of execution title under the Seoul Central District Court Order 2019T151, and the text of the decision is delivered to the lessor D, who is the debtor on January 28, 2019, by public notice, and then the litigation procedure was initiated. On December 4, 2018, the original copy of the judgment is also delivered to the Defendant and C by public notice. The original copy of the judgment of first instance on January 24, 2019 is not known to the lessor, who is the debtor on January 28, 2019.

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