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(영문) 제주지방법원 2020.04.29 2019나10699
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

Article 173(1) of the Civil Procedure Act provides that "if a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts by neglecting it within two weeks from the date on which such cause ceases to exist," and "reasons not attributable to him/her" in this context means the reasons why the party was unable to comply with the relevant period, even though he/she performed the duty of care generally required for conducting procedural acts, even though he/she performed the duty of care.

However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant

(1) The court of first instance rendered a judgment citing all the Plaintiff’s claims against the Defendant on December 13, 2018, and served the original copy of the judgment by public notice on December 20, 2018. The Defendant becomes aware of the fact that the original copy of the judgment was served by public notice on February 11, 2019, and then became aware of the fact that the original copy of the judgment was served by public notice, as seen above, and thereafter, on February 19, 2019, the fact that the Defendant filed the instant appeal on February 19, 2019, within two weeks thereafter.

According to the above facts, the defendant's failure to observe the peremptory period of filing an appeal is responsible for the defendant.

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