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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2019.09.20 2018나11364
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the legality of the subsequent appeal

A. The facts under the recognition are recognized by the records of the instant case or are significant in this court.

1) On July 22, 2008, the Plaintiff applied for a payment order against the Defendant (U.S. District Court 2008 tea1871), and the above court decided to refer the original copy, etc. of the payment order to the Defendant on Oct. 7, 2008. 2) The court of first instance served the Defendant with a complaint, etc. by means of service by public notice, and declared the first instance judgment citing the Plaintiff’s claim after closing the pleadings and closing the pleadings and closing the entire pleadings, while the Defendant was absent.

The judgment was served by means of service by public notice to the defendant and became final and conclusive on February 17, 2009.

3) Meanwhile, on April 23, 2018, the Defendant issued an authentic copy of the judgment of the first instance court, and submitted a written appeal for subsequent completion to the court of first instance on October 19, 2018. (B) The judgment of the court of first instance provides that “where the parties are unable to comply with the peremptory period due to any cause not attributable to them, it may supplement the litigation conducted in negligence within two weeks from the date on which such cause ceases to exist.” In the event the judgment of the first instance was served by public notice, the term “when the cause ceases to exist” under Article 173(1) of the Civil Procedure Act refers not to the time when the Defendant was not simply aware of the fact that the judgment was served by public notice, but to the time when the judgment was served by public notice, barring any special circumstance, it shall be deemed that the Defendant became aware of the fact that the judgment was served by public notice only when the Defendant perused the records of the relevant case or received the original copy of the judgment by public notice (see, e.g., Supreme Court Decision 2007Da41010.

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