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(영문) 부산지방법원 2018.11.14 2018나2728
대여금
Text

1. The appeal of this case shall be dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Ex officio determination on the legitimacy of a subsequent appeal

A. The following facts are apparent in the record or obvious to this court. 1) The defendant appeared at the first instance court from the first instance court to the second instance on December 20, 2017, and on the second date for pleading on January 17, 2018. The court of first instance rendered a ruling on February 7, 2018, which was notified by the date for pronouncement at the time of the second date for pleading. The defendant was unable to serve the original copy of the judgment due to the defendant's absence of written consent, by public notice. The original copy of the judgment is deemed to have arrived at the time of March 24, 2018. 1. 2. 2. 3. 2. 3. 2. 2. 3. 2. 2. 3. 1. 2. 2. 3. The defendant was not able to file an appeal for subsequent completion of the lawsuit, even if the party concerned was unable to do so by public notice due to an investigation by public notice and without any other party's duty to serve an ordinary reason.

In light of the above legal principles, since the defendant was present directly on the date of pleading and was notified by the date of pronouncement, even though he was obligated to investigate the progress of the lawsuit of this case, it did not confirm the progress of the lawsuit, such as adjudication and delivery, etc. Thus, it does not constitute a case where the defendant could not observe the period of appeal due to a cause not attributable to the defendant. Thus, the appeal of this case is unlawful.

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