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(영문) 광주지방법원 2018.06.29 2017나55199
구상금
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. If a copy of a complaint and an original copy of the judgment regarding the legitimacy of subsequent appeal were served by means of service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant is deemed unable to comply with the peremptory period due to a cause not attributable to himself/herself, and thus, he/she is entitled to make subsequent appeal within two weeks (30 days if the cause was in a foreign country at the time when the cause

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Barring any other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received the original

(2) The court of first instance (see, e.g., Supreme Court Decision 2010Da75044, 75051, Nov. 10, 2013). The court of first instance served a duplicate of the complaint on the Defendant on October 10, 2016, but was not served on the Defendant due to the absence of closure, and served on the Defendant at night through an execution officer, but the duplicate of the complaint was not served on the Defendant. Ultimately, on November 26, 2016, by serving the duplicate of the complaint on which public notice became effective on November 26, 2016, and served on the date for pleading and date for pronouncement by public notice; on December 21, 2016, the court of first instance sentenced the first instance to the effect of service by public notice on December 24, 2016; and on December 23, 2016, the Defendant perused the record by public notice or submitted it after subsequent completion of the record.

If the above legal principles are applied to the above facts of recognition, the defendant shall make a duplicate of the complaint and an original copy of the judgment.

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