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(영문) 의정부지방법원 2018.10.11 2018나205774
신용카드이용대금
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. Determination on the legitimacy of a subsequent appeal

A. Unless there are special circumstances, if a copy of complaint, original copy of judgment, etc. were served by service by public notice, the defendant was not aware of the service of the judgment without negligence. In such a case, the defendant was unable to observe the peremptory period due to a cause not attributable to him, and thus, the defendant is entitled to file a subsequent appeal 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. In ordinary cases, unless there are other special circumstances, it shall be deemed that the party or legal representative becomes aware of

B. (See Supreme Court Decision 2004Da8005 delivered on February 24, 2006).

In light of the above legal principles, the first instance court served a copy of the complaint against the defendant, notification of the date for pleading, etc. by public notice and rendered a judgment accepting the plaintiff's claim on March 18, 2014, and served the original copy of the judgment to the defendant by public notice. On October 31, 2017, the defendant was aware that the judgment of the first instance court was served on October 31, 2017 by public notice, and the fact that the court of first instance filed a subsequent appeal on November 13, 2017, prior to the lapse of two weeks from the date when he knew that the judgment of the first instance court was served by public notice was served by public notice is clearly recorded in the record. Thus, the defendant's appeal of this case is a legitimate appeal that satisfies the requirements for

2. The fact that the Defendant, around August 10, 200, entered into a credit card membership agreement with the Plaintiff and was issued a credit card and did not pay the usage fee from April 17, 2003, and on June 5, 2013.

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