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(영문) 서울북부지방법원 2018.01.19 2017나2784
공사대금
Text

1. The appeal of this case shall be dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination on the legality of the subsequent appeal

A. The following facts can be acknowledged in full view of the records of this case and the records of this case and the purport of the entire pleadings.

1) On December 20, 2016, the Plaintiff filed the instant lawsuit against the Defendant for the payment of the construction cost. On February 24, 2017, the court of first instance sent a copy of the complaint and a written guidance of lawsuit to the Defendant’s domicile on his/her resident registration as of February 24, 2017, and on March 2, 2017, the Defendant directly received the duplicate, etc. of the said complaint on his/her own. (2) The court of first instance sent a written notice of the date of pleading to the Defendant’s domicile on May 12, 2017, and received it by the Defendant’s child C on May 18, 2017.

3) On June 1, 2017, the court of first instance opened the first date for pleading, and only the Plaintiff was present on the said date for pleading, and the court of first instance completed the hearing on the said date and rendered a judgment in favor of the Plaintiff. 4) On June 7, 2017, the court of first instance served the original copy of the judgment on the Defendant’s domicile on June 7, 2017, but served the original copy of the judgment on June 19, 2017 by serving the authentic copy of the judgment by public notice on June 19, 2017, which was not served due to the absence of closed text. The service of the original copy on July 4

5) On July 31, 2017, the Defendant filed an appeal for the subsequent completion of the appeal in this case. (B) On the grounds that ex officio determination, the Defendant’s appeal for the subsequent completion of the appeal in this case is lawful. (1) On May 12, 2017, the Defendant: (a) received the Defendant’s child living together; (b) discovered only after the date designated by the court of first instance; and (c) did not appear on the date for pleading; (d) on July 21, 2017, the Defendant asserted that the Defendant could not comply with the period for appeal due to any cause not attributable to the Defendant.

2. The term “reasons for which a party is not liable” under Article 173(1) of the Civil Procedure Act means procedural acts by the party.

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