logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.06.17 2014나26745 (1)
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Determination on the legality of subsequent appeal

A. If the original copy, the original copy, etc. of a complaint was served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant is unable to comply with the peremptory period due to a cause not attributable to him/her and thus the defendant is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist

Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Barring special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received a new original of the judgment.

(see, e.g., Supreme Court Decision 2013Da41318, Oct. 17, 2013). B.

According to the records of this case, the court of first instance may recognize the fact that the court rendered a judgment that fully accepts the plaintiffs' claims on October 10, 2013 after serving a duplicate of the complaint against the defendant, the date of pleading, etc. by public notice, and then serving the defendant with the original copy on October 12, 2013 by public notice, and that the defendant received a certified copy of the judgment of the first instance on April 7, 2014 and thereby becomes aware that the judgment of the first instance was served by public notice, thereby making it known that the judgment was served by public notice, and that the defendant filed an appeal subsequent to the subsequent completion on April 21, 2014.

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

2. Basic facts

(a) The status of the Parties as Plaintiff B and D, E, and F as its subsidiary in Indonesia.

arrow