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(영문) 춘천지방법원 2017.11.29 2017나524
신용카드이용대금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. If a copy of a written complaint of determination as to the legitimacy of an appeal for subsequent completion, and the original copy of the judgment, etc., were served 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 was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal for subsequent completion within two weeks after

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.

(2) According to the records of this case, the court of first instance (see, e.g., Supreme Court Decision 2004Da8005, Feb. 24, 2006). The court of first instance rendered a judgment in favor of the Plaintiff on October 25, 2013. The original copy of the judgment also was served on the Defendant by public notice on November 1, 2013. The Defendant was aware that there was the first instance judgment by receiving a peremptory notice for the payment of the debt amount of the future credit information company, which was delegated with the debt collection from the Defendant on February 16, 2017. The Defendant filed an application for perusal and duplication of the records of this case with the Chuncheon District Court’s original branch on February 23, 2017, and received the original copy of the judgment on February 17, 2017, and then filed an appeal by public notice after being served with the Defendant on February 27, 2017.

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