logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.04.08 2019나1895
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff (appointed)'s claim is dismissed.

3. The total cost of the lawsuit.

Reasons

1. Determination on the legality of the subsequent appeal

A. Article 173(1) of the Civil Procedure Act provides, “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons for which the party cannot be held liable” refers to the causes for which the party could not observe the period even though he/she had performed the duty of care generally to conduct the litigation

However, barring any special circumstance, barring any special circumstance, the Defendant’s failure to observe the peremptory period of filing an appeal should be deemed as attributable to a cause not attributable to the Defendant, if the judgment was rendered without knowing the fact that the Defendant had been pending, and only after the original copy of the judgment was served to the Defendant by public notice and became aware of such fact.

(See Supreme Court Decision 2005Da27195 Decided November 10, 2005). B.

According to the records of this case, the first instance court of this case sent a notice of the copy of the complaint of this case and the date of pleading to the defendant by public notice, and rendered a judgment citing the plaintiff (appointed party)'s claim on May 15, 2019 after the pleading was in progress, and delivered the original copy of the judgment to the defendant by public notice. The defendant was issued a certified copy of the first instance judgment of this case on July 8, 2019 and notified that the judgment of this case was served by public notice, and the defendant was aware that the first instance court of this case was served by public notice, and that the defendant filed the appeal of this case on the 10th of

C. Examining the above facts in light of the legal principles as seen earlier, the Defendant was unable to observe the period of appeal due to a cause not attributable to him, and the Defendant filed an appeal to subsequently complete the appeal within two weeks from July 8, 2018, which was the date on which the cause ceases to exist. Thus, the instant appeal to complete the appeal is dismissed.

arrow