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(영문) 서울중앙지방법원 2015.11.24 2015나32331
신용카드이용대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

We examine the legitimacy of a subsequent appeal.

In the case of this case, the Defendant was served a duplicate of complaint on July 26, 2004 in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, 2004, and thereafter, the first instance court that did not serve a notice of the date for pleading on the Defendant, notified the Defendant of the date for pleading on October 28, 2004 and rendered a judgment after closing the pleading on October 28, 2004, the fact that the original copy of the judgment against the Defendant was served by public notice on December 21, 2004, and the fact that the Defendant filed an appeal on May 6, 2015 is clear.

According to the above facts, the Defendant was aware that the instant lawsuit was pending by being served with a duplicate of the complaint at the first instance court, and thus, the Defendant was obligated to investigate the progress of the lawsuit. As such, the Defendant filed an appeal for the completion of the lawsuit on May 6, 2015 when 10 years have elapsed since the sentence was rendered due to negligence.

Therefore, a subsequent appeal by the defendant is unlawful because it does not meet the requirements for subsequent completion of procedural acts under Article 173 of the Civil Procedure Act.

In regard to this, the defendant alleged that the defendant was sent a copy of the complaint to the purport that the defendant was sent to Dong-gu, Incheon, Bupyeong-gu B lending one-301 on July 26, 2004, and only the moving-in report for resident registration was made at the same time, and only the moving-in report was made at the same time, and that the contact with Dong-in was discontinued during the continuation of the lawsuit in the first instance court, but there was no other evidence to acknowledge it. However, the defendant's above assertion is without merit.

If so, the defendant's appeal is unlawful and thus dismissed.

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