(영문) 수원지방법원 2021.01.21 2020나55602

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2021.01.21 2020나55602

약속어음금 청구 (발행인에 대한)

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Whether the subsequent appeal is lawful;

A. If the main text of a complaint and the main text of a judgment were served by means of public notice, barring special circumstances, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to observe the peremptory term due to a cause not attributable to him/her and thus, he/she is not able to file an appeal for subsequent completion within two weeks (30 days if the cause was in a foreign country as at the time when the cause became null and void) after his/her failure

Here, the term “after the truth due to the absence of any reason” refers to the time when a party or legal representative becomes aware of the fact that a judgment was rendered by means of public notice service, and furthermore, the fact that the judgment was served by either party or legal representative, barring any special circumstance, was served by means of public notice service only when the party or legal representative inspected or received a new judgment.

The Plaintiff filed a lawsuit against the Defendant on June 27, 2019 as Suwon District Court Branch No. 2019Ga355, Jun. 27, 2019 (see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). The Plaintiff filed a lawsuit against the Defendant on June 27, 2019. The said court rendered a favorable judgment on December 19, 2019; (b) served the Defendant on the Defendant by means of delivery of public notice; and (c) served on the Defendant on the Defendant by means of delivery of public notice; and (d) the Defendant filed the instant appeal on January 23, 2020.

(c)

Therefore, the defendant could not comply with the appeal period, which is the peremptory period, due to a cause not attributable to the defendant, and the subsequent completion of the appeal in this case is a legitimate appeal satisfying the requirements for the subsequent completion of the litigation.

2. Judgment on the merits

A. Fact 1) The Plaintiff filed a claim against the Defendant for the installment savings with Suwon District Court 2017Ga group 14778.

참조판례

-대법원 2013. 1. 10. 선고 2010다75044,75051 판결

유사 판례

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