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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2019.03.29 2018나27654
대여금
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. Whether a subsequent appeal is lawful;

A. On April 11, 2018, the Defendant asserted that the Plaintiff filed an appeal for the subsequent completion of the appeal on August 20, 2018 when he/she was aware of the facts of the judgment of the first instance after being served with a notice of the order of seizure and collection on April 11, 2018. The Defendant cannot be deemed to have failed to observe the period of appeal due to extenuating circumstances.

B. The judgment 1) In case where the judgment of the first instance was delivered by service by public notice, "the time when the reason ceases to exist" under Article 173 (1) of the Civil Procedure Act refers to the time when the defendant becomes aware of the fact that the judgment was delivered by public notice, instead of the fact that the judgment was delivered by public notice. In ordinary cases, only when the defendant read the records of the case or received the original copy of the judgment, it should be deemed that he became aware of the fact that the judgment was delivered by public notice. However, in case where it is deemed that the defendant knew of the fact that the judgment was in question and there were special circumstances to recognize the reason as a matter of social norms, it should be deemed that the defendant knew of the fact that the judgment was delivered by public notice after the lapse of ordinary time for investigating the fact that the judgment was delivered by public notice, and that the reason not responsible has ceased to exist (see, e.g., Supreme Court Decision 98Da43533, Feb. 9, 199). 2) The judgment of the first instance court and the final appeal 2018.

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