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(영문) 서울서부지방법원 2018.10.12 2018나36070
양수금
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. If a copy of a complaint of determination as to the legitimacy of a subsequent appeal and the original copy of the judgment 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 is unable to observe the peremptory term due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist." "after the cause ceases to exist" refers to the time when the party or legal representative becomes aware of the fact that the judgment was served by public notice, rather than when the party or legal representative becomes aware of the fact that the judgment was served by public notice, barring any other special circumstance. Thus, in ordinary cases, it shall be deemed that the party or

(2) As to the appeal of this case, the defendant was not aware of the delivery of the judgment without negligence to the defendant, and the defendant was not able to comply with the peremptory term due to a cause not attributable to the defendant, and the appeal of this case filed on June 11, 2018, since the copy of the complaint and the original copy of the judgment were delivered to the defendant by service by public notice. The defendant was not aware that the judgment of the court of first instance was pronounced. The defendant was issued on May 29, 2018 and became aware of the judgment of this case on June 11, 2018. Thus, as long as the original copy of the complaint and the original copy of the judgment were delivered to the defendant by service by public notice, it constitutes a case where the defendant was unable to comply with the peremptory term due to a cause not attributable to the defendant. The appeal of this case filed on June 11, 2018, which was within two weeks from that time, satisfies the requirements for subsequent completion of the litigation of this case.

On February 27, 2018, the plaintiff was made by telephone to the defendant.

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