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(영문) 부산고등법원 2016.05.12 2015나4696
약정금
Text

1. The plaintiff's appeal shall be dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Whether the subsequent appeal of this case is lawful

A. Although the court of first instance rendered a judgment dismissing the Plaintiff’s claim on July 23, 2015, and the original copy of the judgment of first instance was served on the Plaintiff on August 4, 2015, it is evident that the Plaintiff submitted the petition of appeal of this case to the court of first instance on September 22, 2015, when the period of appeal expires.

B. The Plaintiff’s assertion was under drug treatment after being judged at Grade II of mental disorder on February 21, 2007. However, from the time of the judgment of the first instance, the Plaintiff could not make a decision or express a mental disorder in the state of mental capacity as at the time of the outbreak of a chronic repetition mixing disorder, public depression disorder, present donation, etc., and thus, the appeal of this case constitutes a case where the Plaintiff was unable to comply with the appeal period due to a cause not attributable to the Plaintiff.

C. In full view of the results of the fact-finding on the director of the Good Dental Hospital of the Sexual Medical Foundation, the Plaintiff was judged to Grade II mental disorders, and the first instance court was pending on April 2, 2015, and the same year.

5.4. and the same year after the pronouncement of the first instance judgment, August 7, 2015

9. On November 11, 201 of the same year, the Plaintiff visited and received medical treatment, and on September 19, 2015, the Plaintiff was diagnosed under the presumed name of “compact with severe stress, disorder with adaptation, disorder with mixed-mix apprehension,” and at the time, the Plaintiff complained that stress is high, and the fact that the Plaintiff seems to have a mental problem, such as anxiety, depression, unstable emotional impulse, physical condition (feasia, depression), salvat, and degradation of memory, is recognized.

However, on the other hand, the plaintiff directly submitted the complaint of this case, and directly attended the court in the process of the first instance trial and present himself/herself, such as preparatory documents, etc., and immediately after the judgment of the court of first instance is rendered, the above hospital visits the status of himself/herself.

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