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(영문) 부산지방법원 2020.05.22 2019나59547
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Whether a subsequent appeal is lawful;

A. The Defendant alleged that the Defendant was not aware of the fact that the lawsuit was pending, and the judgment was rendered, and only after the original copy of the judgment was served to the Defendant by means of service by public notice, became aware of such fact, and filed an appeal for subsequent completion within two weeks thereafter. As such, the instant appeal for subsequent completion was lawful. As such, the Plaintiff directly received and served the duplicate of the complaint, the Plaintiff asserted that the Defendant’s appeal for subsequent completion filed two weeks after the judgment of the first instance was unlawful.

B. Article 173(1) of the Civil Procedure Act provides that "if a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist." Here, "reasons for which the party cannot be held liable" refers to the grounds for not being able to observe the period, even though the party fulfilled the duty of care to perform the litigation generally.

Unless there are special circumstances, where the original copy of the judgment was delivered to the defendant by means of service by public notice, the defendant shall be deemed to have failed to know the service of the judgment without negligence. In this case, if the defendant had already known the fact that the lawsuit was pending, the defendant is obligated to investigate the progress of the lawsuit, and if the defendant did not know the progress of the lawsuit before the court, it shall not be deemed to have been negligent. However, if the defendant was sentenced without knowing the fact that the lawsuit was pending, and the original copy of the judgment was delivered to the defendant by public notice and became aware of such fact only after it became final and conclusive, barring any special circumstances, it shall be deemed that the defendant

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