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(영문) 서울중앙지방법원 2017.05.18 2017나7193
구상금
Text

1. Of the judgment of the court of first instance, KRW 212,056 against the Plaintiff and its related thereto, from June 9, 2016 to May 18, 2017.

Reasons

1. Determination on the legitimacy of a subsequent appeal

A. On July 13, 2016, the Defendant filed an application for a comprehensive consent in the process of civil litigation, etc. using an electronic data processing system and filed the application for a prior consent.

8.2. Although the withdrawal was made, the court of first instance asserts that since August 11, 2016, the Defendant’s failure to observe the peremptory period for filing an appeal was due to a cause not attributable to the Defendant, since both a duplicate of the complaint of this case, a notice of date for pleading, and an authentic copy of the judgment were sent to the Defendant by electronic means.

B. Before determining the legitimacy of the instant appeal, we examine whether the court of first instance was legitimate to serve the Plaintiff with an authentic copy of the judgment by electronic means.

Article 11(1) of the Act on the Use, etc. of Electronic Documents in Civil Procedure, Etc. (hereinafter referred to as the "Rules on the Use, etc. of Electronic Documents") shall be served or notified electronically by the electronic information system if the person to be served or notified is ① a registered user who has consented to the process of civil litigation, etc. using the electronic information system in advance and is prescribed by the Supreme Court Regulations; ② a registered user who has consented to the process of civil litigation, etc. using the electronic information system after being served with a document printed out or other documents; or ③ a registered user is the State, a local government, or any other person corresponding thereto and is prescribed by the Supreme Court Regulations. Article 24(1) of the above Rules on the Use, etc. of Electronic Documents in Civil Procedure, etc. shall be served or notified electronically by the electronic information system; ② a registered user who has consented to the electronic litigation in civil litigation, etc.; ② a registered user who has agreed to the process of civil litigation, etc. or a person referred to in the subparagraphs of Article 3 within the prescribed period.

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