(영문) 대구지방법원 2015.11.04 2015나5499 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.11.04 2015나5499

대여금등

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. Basic facts

A. On October 2, 1996, the plaintiff filed a lawsuit against the defendant, the co-defendant C, and D for the payment of loans of KRW 25.5 million and damages for delay. The court of first instance rendered a favorable judgment of the plaintiff on April 21, 1997 pursuant to Article 139 of the former Civil Procedure Act (wholly amended by Act No. 6626 of Jan. 26, 2002) and received the original copy of the judgment of the first instance court around that time.

B. On October 14, 2004, the Plaintiff was issued a certificate of service and confirmation at the first instance court.

C. On March 25, 2015, the Defendant received the original copy of the judgment of the first instance court, and submitted a written appeal for subsequent completion to the court of first instance only on April 7, 2015.

[Reasons for Recognition] Entry of No. 3 and the purport of the whole pleading

2. Determination on the legitimacy of the appeal

A. The Defendant alleged that he was unable to receive any document related to the instant lawsuit and was unaware of the fact that the instant lawsuit was brought. Around March 25, 2015, the Defendant was issued an original copy of the judgment of the first instance court and became aware of the fact that the judgment of the first instance court was rendered.

Therefore, the appeal filed by the defendant constitutes a case where the defendant could not observe the period of appeal due to a cause not attributable to the defendant.

B. The phrase “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the reasons why the party could not comply with the period despite the party’s due diligence to do the procedural acts.

If a copy, original copy, etc. of the complaint were served by service by public notice, barring special circumstances, the defendant shall be deemed to have failed to know the service of the judgment without negligence. In such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him

(2) The appeal shall be filed within two weeks after the cause for appeal ceases to exist, but the defendant is aware of the fact that the lawsuit was filed.

참조조문

-민사소송법 제139조

-민사소송법 제173조 제1항

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