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(영문) 서울서부지방법원 2018.10.12 2017나4199
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. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and the original copy of the judgment were served by public notice, barring any special circumstance, 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 when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any other special circumstance. Thus, in ordinary cases, it shall be deemed that the party or

(2) In light of the above legal principles, the defendant is not aware of the fact that the original copy of the judgment of the court of first instance was issued on October 31, 2017 and the defendant filed an appeal of this case on the same day after being aware of the fact that the original copy of the judgment of the court of first instance was issued on October 31, 2017. Thus, once the original copy and the original copy of the judgment were delivered to the defendant through service by public notice, the defendant was not aware of the delivery of the judgment without negligence, and thus, the defendant was unable to comply with the peremptory term due to a cause not attributable to the defendant. The appeal of this case filed on October 31, 2017, which was lawful since it satisfies the requirements for subsequent completion of litigation.

2. The parties' assertion

A. The Plaintiff is a senior household and senior art work.

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