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(영문) 서울중앙지방법원 2016.10.31 2015나47661
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Determination on whether the appeal of this case was lawful

A. On May 19, 2015, the Defendants filed an appeal on July 27, 2015, where the 14-day appeal period had elapsed since the judgment of the first instance court, which was a service by public notice, became final and conclusive, despite the fact that the Defendant was aware of the fact that the judgment of the first instance court was rendered by public notice and was served on the Defendants.

Therefore, the appeal filed by the Defendants is unlawful.

B. If the original judgment of the first instance court was delivered to the defendant by service of public notice, the defendant's address is false or incomplete.

Even if the service is valid, the judgment becomes formally final and conclusive as the result of the appeal period, and res judicata becomes effective.

In this case, the defendant may file an incidental appeal within two weeks (30 days if the defendant is in a foreign country) after the cause has ceased to exist by asserting that the defendant could not file an appeal within the appeal due to any cause for which he could not be responsible.

(1) The term “when a cause ceases to exist” refers to the time when a party or legal representative becomes aware of the fact that the original of the judgment of the first instance was served by means of service by public notice, but the fact that the judgment was served by public notice is served by public notice. In a case where it is deemed that the party or legal representative was aware of the fact that the judgment was served by public notice and that there was a special reason to recognize such fact as a matter of course in light of social norms, it shall be deemed that the party or legal representative was aware of the fact that the judgment was served by public notice. In a case where the party was aware of the fact that the judgment was served and that there was a special reason to recognize the fact that it was naturally, as a matter of course, it shall be deemed that the party or legal representative was aware of the fact that the judgment was served by public notice by public

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