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(영문) 수원지방법원 2020.11.05 2019나6499
대여금
Text

The judgment of the first instance shall be revoked.

The plaintiff's primary claim is dismissed.

The plaintiff's ancillary.

Reasons

1. If the service of a copy of a complaint and the original copy of the judgment, etc. of the subsequent appeal were to be made by means of service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance, and in such a case, the defendant falls under the case where he was unable to observe the peremptory period due to a cause not attributable to him, and thus, he may file an appeal for subsequent completion within two weeks (30 days where 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 copy of

(2) On January 10, 2013, the court below rendered a judgment citing the Plaintiff’s claim on October 25, 2018 after serving a copy of the complaint, the date of pleading, etc. on the Defendant by public notice. The court below rendered a judgment citing the Plaintiff’s claim on October 25, 2018. On June 4, 2019, the Defendant was aware that the original copy of the judgment of the first instance was served by public notice by public notice and subsequently completed appeal on the same day was served by public notice by the court of first instance. The Defendant was aware of the fact that the original copy of the judgment of the first instance was served by public notice by public notice by public notice, and the fact that the appeal was filed by the first instance court was clearly recorded in the record or clearly made in this court. According to the above recognition, the Defendant could not comply with the period of appeal, which is the peremptory period, due to a cause not attributable to the Defendant. Thus, the appeal of this case is lawful within two weeks from the date on which the facts of service by public notice by public notice by public notice by public.

2.The following facts do not conflict between the Parties:

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