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(영문) 대구지방법원 2018.08.16 2017나11603
물품대금
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

1. According to the record of this case, the first instance court rendered a judgment that fully accepts the Plaintiff’s claim against the Defendant on June 2, 201, after serving a copy of the complaint against the Defendant, notice of the date of pleading, etc. by public notice, and served the Defendant by means of service on June 15, 201. The original copy of the judgment was served on the Defendant by public notice on June 15, 201.

On November 17, 2017, the Defendant received an original copy of the judgment of the first instance on November 17, 2017 and became aware that the judgment of the first instance was served by public notice, and filed an appeal for subsequent completion on November 29, 2017.

Therefore, since the defendant could not comply with the appeal period, which is the peremptory period, due to a cause not attributable to him, the appeal of this case filed within two weeks from the date on which the court of first instance became aware of the fact by public notice is lawful.

2. As to the plaintiff's assertion, the plaintiff provided cosmetics to the defendant and did not receive 1,092,50 won for the goods, the defendant asserts that he has the obligation to pay the above price of 1,092,50 won and damages for delay.

In this regard, there is no evidence to acknowledge the plaintiff's above assertion.

Therefore, the plaintiff's above assertion is without merit.

3. The plaintiff's claim should be dismissed as it is reasonable.

The judgment of the court of first instance is unfair based on the conclusion different from this, and thus, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed.

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