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(영문) 수원지방법원 2020.12.22 2019나10177
대여금 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Unless there exist special circumstances, if a copy of a complaint of determination on the legitimacy of an appeal for subsequent completion and an original copy of the judgment were served by service by public notice, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant is unable to observe the peremptory term due to a cause not attributable to him/her, and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist" "after the cause ceases to exist" refers to the time either the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any other special circumstances, it shall be deemed that the party or

(2) On November 5, 2009, the judgment of the court of first instance against the Defendants was rendered on November 5, 2009, and the original copy of the judgment was also served on the Defendants by public notice. On November 26, 2019, the Defendants did not know of the progress and result of the said lawsuit. On November 26, 2019, contact with the Suwon District Court 2019TTTT company, which was requested by the Plaintiff, and Defendant C was issued with the original copy of the judgment of first instance, which was sentenced by public notice and served by public notice. The facts that the judgment was served on the Defendants by public notice can be acknowledged by the purport of the entire pleadings.

According to the above facts of recognition, the defendants were unaware of the service of the judgment of the court of first instance without negligence.

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