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(영문) 부산지방법원 2019.10.16 2018나55654
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The fact that the first instance court, as to the legitimacy of Defendant E’s subsequent appeal, served a copy of the complaint against the Defendant, notice of the date for pleading, etc. by public notice, and subsequently served the Plaintiff’s claim, the original copy of the first instance judgment also served on the Defendant by public notice, and the fact that the Defendant applied for perusal and duplication of the litigation record on December 18, 2018, and submitted a written appeal for subsequent completion is apparent in the record.

According to the above facts, the defendant was unable to comply with the peremptory period due to a cause not attributable to the defendant, and the defendant filed a subsequent appeal within 2 weeks from December 18, 2018, which became aware of the fact that the judgment of the court of first instance was served by public notice. Thus, the defendant's subsequent appeal is lawful.

2. The court's explanation on the merits of this case is identical to the reasoning of the judgment of the court of first instance, and thus cite it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Conclusion, the first instance judgment is justifiable.

All appeals by the defendants are dismissed.

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