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(영문) 인천지방법원 2018.11.28 2018나5690
추심금
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

1. The process of the instant lawsuit ① The Defendant was served with the original copy of the instant payment order on September 7, 2017, and the same month.

8. The fact that a written objection has been filed, ② the first instance court served a notice of the date for pleading on March 16, 2018 on the date for pleading, but the notice was served on the Defendant on the 28th day of the same month to the effect that the notice was not served due to the absence of closure, ③ the Defendant’s agent was present on the first day of pleading on April 11, 2018, ③ the first instance court continued the pleadings, ④ the Defendant’s agent was present on the second day of pleading on May 9, 2018, ④ the Defendant’s agent was present on the second day of pleading on May 9, 2018, and the first instance court continued the pleadings, ⑤ the Defendant’s agent was present on the third day of pleading on May 16, 2018, and the first instance court notified the date for sentencing on June 20, 2018, and the first instance court was absent on the date for sentencing on June 1, 2018.

7.6. The fact that service by public notice was made; and 8 The defendant submitted a written appeal for subsequent completion on August 16, 2018 after the lapse of two weeks after the lapse of the period for appeal.

2. Determination on the legitimacy of a subsequent appeal

A. The defendant's assertion that the judgment of the court of first instance in this case was not delivered by mail, and thus, he could not observe the period of appeal due to a cause not attributable to the defendant.

B. Determination 1: (a) the legitimacy of the appeal for subsequent completion shall be determined based on whether the appeal period is due to a cause not attributable to the appellant; and (b) if the document of lawsuit is served lawfully and the lawsuit is inevitable by service by public notice due to the impossibility of being served while the lawsuit is in progress, the service of the copy of the first complaint shall begin.

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