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(영문) 서울서부지방법원 2018.08.17 2017나38895
대여금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (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) As to the appeal of this case, the defendant was not aware of the delivery of the judgment without negligence, and the defendant was unable to comply with the peremptory period due to a cause not attributable to the defendant, and the appeal of this case filed on September 27, 2017, which was not known that the judgment of the court of first instance was pronounced by public notice. Since the copy of the complaint and the original copy of the judgment were served on the defendant by public notice, it constitutes a case where the defendant was unable to comply with the peremptory period due to a cause not attributable to the defendant, and the appeal of this case filed on September 27, 2017 satisfies the requirements for the completion of litigation.

2. In full view of the respective descriptions of evidence Nos. 1 and 2 and the purport of the entire pleadings as to the cause of the claim, the Plaintiff.

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