(영문) 의정부지방법원 2015.04.09 2014나5051

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.04.09 2014나5051

구매환불금 등

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. If a copy of the complaint and the original copy of the judgment regarding the legitimacy of the subsequent appeal of this case were served by public notice, the defendant was not aware of the service of the judgment without negligence, unless there are special circumstances. In such a case, the defendant is unable to comply with the peremptory term due to a cause not attributable to him/her and the defendant is entitled to file a subsequent appeal within two weeks (30 days where the cause ceases to exist in a foreign country at the time the cause ceases to exist) from the date on which the cause ceases to exist (Article 173(1) of the Civil Procedure Act). Here, the "date on which 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, and further, the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, unless there are other special circumstances.

(2) According to the records, the court of first instance ordered the service of the Defendant by public notice on October 25, 2012 (see, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006). The court of first instance rendered a judgment in favor of the Plaintiff on November 28, 2012 after serving a notice of either the copy of the complaint and the date for pleading by public notice, and served the original copy of the judgment to the Defendant by public notice on December 4, 2012. The Defendant was aware of the fact that the first instance judgment was served by public notice at the court of first instance on March 20, 2014 without knowing the fact that the judgment of first instance was pronounced, and it can be recognized that the first instance court submitted the petition of appeal after subsequent completion of March 28, 2014, the date two weeks elapsed.

Therefore, the appeal filed by the defendant subsequent to the instant case is within the lawful appeal period and procedural acts.

참조조문

-민사소송법 제173조 제1항

참조판례

-대법원 2006. 2. 24. 선고 2004다8005 판결

유사 판례

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