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(영문) 전주지방법원 2019.03.22 2018나3505
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Judgment on the plaintiff's main defense of safety

A. The summary of the first instance judgment is proceeding by public notice, and the original copy of the judgment was served to the Defendant by public notice. However, the Defendant served on January 11, 2018, the first instance judgment’s decision to specify the property as the title of execution, and served on April 6, 2018 the decision to commence the procedure for detention trial. Therefore, it can be deemed that the period ordinarily required to identify the facts and circumstances of the first instance judgment has elapsed, and the instant appeal filed on April 24, 2018, which was later than two weeks thereafter, is unlawful.

(b)The following facts in fact of recognition are apparent in, or obvious to, the record:

1) The Plaintiff filed a lawsuit against the Defendant claiming for damages, such as medical expenses, by asserting that he/she was injured by the Defendant’s tort, and the duplicate of the complaint was not served on the Defendant. (2) On May 12, 2017, the court of first instance ordered the Defendant to serve the document on the Defendant by public notice; (3) the Plaintiff’s filing of the lawsuit by serving the duplicate of the complaint and the notice on the date for pleading by public notice; and (4) the Plaintiff’s winning judgment on October 31, 2017; and (4) the authentic copy of the judgment was also served on the Defendant by public notice.

3) On January 11, 2018, the Plaintiff filed an application against the Defendant for the specification of the property with the judgment of the first instance court as the executive title (the Jeonju District Court 2018Kao28), and the Jeonju District Court 2018, January 15, 2018 (hereinafter referred to as the “instant order to specify the property”).

A) On January 17, 2018, the Defendant received a certified copy of the instant decision on specification on March 5, 2018, and received a summons, a request for appearance, a property list form, and a guidance form, respectively, on March 5, 2018. The instant decision on specification was written in the judgment of the first instance as an executive title. 4) As the Defendant was absent on March 30, 2018 from office on the date of specification of property, the former District Court No. 2018 (No. 134) with respect to the Defendant on the same day prior to the decision on commencing detention proceedings against the Defendant.

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