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(영문) 청주지방법원 2019.08.29 2019나12801
임대차보증금
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

We examine the legitimacy of the appeal of this case.

Article 173(1) of the Civil Procedure Act provides that "reasons for which a party is not liable" refers to reasons why the party is unable to comply with the period even though he/she has been generally required to perform the procedural acts, and where the service of litigation documents in the course of litigation is impossible and the service of litigation documents by public notice is inevitable as a result of the impossibility of being served by public notice, it shall be different from the case by public notice from the beginning in case where the service by public notice is inevitable. Thus, if the party does not know the progress of litigation before the court, it shall not be deemed that there is no negligence. Such obligation is recognized, regardless of whether the party was present at the date for pleading and present at the date for pleading, whether the party was notified of the date for pleading after the date for pleading, or whether the party

(2) The appeal of this case was filed on October 14, 2018 by the Plaintiff on March 10, 2018 (see, e.g., Supreme Court Decision 2006Da3844, Mar. 10, 2006). However, the Plaintiff filed the lawsuit of this case on October 21, 2018, and the duplicate of the complaint was served on the Defendant on December 14, 2018. The Defendant appeared at each of the first and second legal dates for pleading and was notified by the date of pronouncement of judgment on March 26, 2019, which is the date of closing argument, the first court was notified in advance, and served the Defendant with the original copy of this case on March 26, 2019, but it was impossible to serve the original copy of this case on the Defendant in absence of a closed text, and the period of appeal against the first instance judgment was also imposed on the Defendant on May 10, 2019 (the appeal of this case was filed by the Defendant’s appeal of this case).

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