(영문) 부산지방법원 2019.06.12 2018나4540 | 리걸엔진

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.06.12 2018나4540

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. If a copy of the complaint, original copy, etc. of the judgment were served by means of service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent completion within two weeks from the date such cause ceases to exist.

Here, the term “the date on which such cause ceases to exist” refers to the time when a party or legal representative becomes aware of the fact that the judgment was served by means of service by public notice, instead of simply knowing the fact that the said judgment was served by public notice. Barring any 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 a new original copy

(2) The lower court’s judgment was rendered on December 18, 2017, and the original copy of the judgment was also delivered to the Defendant on December 20, 2017 by public notice, and the Defendant submitted an appeal for subsequent completion on August 24, 2018, after being issued the authentic copy of the first judgment on August 20, 2018, and the Defendant submitted an appeal for subsequent completion on August 24, 2018.

According to the facts found above, the defendant was unaware of the fact that the judgment of the court of first instance was served by public notice without negligence and thus could not observe the period of appeal due to a cause not attributable to the defendant. The appeal of this case was filed on August 24, 2018, which was issued the authentic copy of the judgment of the court of first instance from August 20, 2018 to August 24, 2018. Thus, the appeal of this case is lawful.

2. Basic facts

A. The creditor is the plaintiff, debtor C, and guarantor as the defendant and C.

참조판례

-대법원 2013. 1. 10. 선고 2010다75044,75051 판결

유사 판례

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