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(영문) 서울북부지방법원 2019.11.05 2018나3647
대여금
Text

1. Revocation of a judgment of the first instance;

The plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. If a copy of a complaint, an original copy, etc. of judgment regarding the legitimacy of a subsequent appeal were served by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, barring any special circumstance. In such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to himself/herself, and thus, he/she is entitled to file an appeal for subsequent completion within two weeks (30 days if the cause ceases to exist in a foreign country at the

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 any other 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 the original

(2) The court of first instance rendered a judgment in favor of the Plaintiff on March 25, 2010, and the original copy of the judgment was served by public notice on the Defendant on January 10, 2013 (see, e.g., Supreme Court Decision 2010Da75044, 75051, Nov. 8, 2018). According to the foregoing legal doctrine, according to the records, the court of first instance rendered a judgment in favor of the Defendant on March 25, 2010, after both a copy of the complaint and a written notice of date for pleading to serve by public notice. On April 1, 2010, the court rendered a judgment in favor of the Plaintiff on April 1, 2010. The Plaintiff filed a claim attachment and collection order against the Defendant on November 20, 2018, upon receipt of the claim attachment and collection order, and the above seizure and collection order were served on the Defendant on November 20, 2018.

According to the above facts of recognition, the defendant was issued the original copy of the judgment of the first instance court on November 21, 2018 by public notice.

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