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(영문) 서울고등법원 2016.12.22 2015나30178
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

purport.

Reasons

According to the record on the legitimacy of the appeal of this case, the judgment was rendered after the pleading was concluded on July 17, 2008, and the original copy of the judgment was also delivered to the defendant by public notice on August 20, 2008.

If the original copy of the judgment of the court of first instance was served to the defendant by service by public notice, the defendant was unaware of the service of the judgment of the court of first instance due to a cause not attributable to himself/herself, barring any special circumstances, and thus, the defendant may file an appeal to the court of first instance within two weeks from the date on which such cause ceases to exist, i.e.,

In this case, the defendant's assertion that the above two weeks period required for the appeal should be observed should be proved.

As to this, the Defendant asserted that the Defendant submitted the instant written appeal to the first instance court on October 6, 2015, on the following grounds: (a) in the course of copying and copying the deposit records in Suwon District Court 2013Gahap23214, which was brought by the Defendant against I and J, the Defendant’s attorney of the instant case became final and conclusive by service by publication in the process of copying and copying the deposit records in Suwon District Court 2012Ga and 5570.

However, despite the name of this court, the defendant did not specify the date when the judgment of the court of first instance was delivered to the defendant by service by public notice. The defendant did not submit the documents showing the status of the deposit case No. 2012 Gold District Court No. 5570 that the defendant's attorney perused and copied the records, and according to the search of the case No. 2013Gahap23214, which the defendant cited in the above case, K and L who represented the defendant in the above case, filed a request for perusal and duplication at the above court four times in total on June 19, 2015.

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