logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2021.01.22 2020나502
보증채무금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport and purport of the appeal [the purport of the appeal]

Reasons

The following facts are clearly recorded on the basis of the determination on the legitimacy of the appeal for the subsequent completion of the instant case.

On July 18, 2019, the Plaintiff applied for a payment order as the court of Gwangju District Court 2019 tea 492, and the said court issued the payment order on the same day.

On August 13, 2019, the Defendant was served directly with the original copy of the payment order at the credit-si C (hereinafter “Defendant’s domicile”) and submitted an objection against the payment order on August 22, 2019.

On November 26, 2019, the court of first instance issued a written notice of the date of pleading to the defendant's domicile as the date of pleading on November 26, 2019 and sent it to the defendant's domicile but is not served due to the absence of closure, and sent it on October 29, 2019.

On November 26, 2019, the court of first instance concluded the pleading and sent a written notice of the date of adjudication to the defendant's domicile on December 17, 2019, which was determined as the date of pronouncement B, but was sent to the defendant's domicile, but was sent by means of delivery of the written notice to the defendant's domicile without being served due to the absence of closure and became served on December 9, 2019.

On December 17, 2019, the court of first instance rendered a judgment in favor of the Plaintiff, and sent the original copy of the judgment to the Defendant’s domicile on December 18, 2019 and December 24, 2019, but all were not served due to the absence of closure, and the original copy of the judgment was published on January 2, 2020, and the service of public notice became effective on January 17, 2020.

On February 6, 2020, the defendant submitted a petition of appeal for the subsequent completion of the judgment of the first instance on February 6, 2020, after two weeks have passed since the public notice service on the original copy of the judgment became effective.

According to the main text of Article 396 (1) of the Civil Procedure Act, an appeal shall be filed within two weeks from the date on which the written judgment is served.

According to the main text of Article 173(1) of the Civil Procedure Act, in a case where a party was unable to comply with the peremptory term due to a cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date of exhaustion due to the absence of such cause.

arrow