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(영문) 대구지방법원 2016.11.10 2016나300726
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Judgment on the plaintiff's main defense

A. On December 2015, 2015, the Plaintiff’s defense of the principal safety was sent to E not only the first instance court’s decision by facsimile by the first instance court, but also several calls and letters, a debt collection officer, by facsimile from the first instance court.

Thus, since the defendant knew that the judgment of the court of first instance was sentenced to service by public notice around that time, the appeal of this case is unlawful since the period of two weeks elapsed from the appeal of this case.

B. If a copy of the complaint, an original copy, etc. of the judgment were served by service by public notice, barring special circumstances, 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 to the subsequent appeal within two weeks after such cause ceases

The term "after the cause has ceased to exist" 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 judgment was delivered by public notice. Thus, barring any special circumstances, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative inspected the records of the case or received a new original of the judgment

(Supreme Court Decision 2010Da75044, 75051 Decided January 10, 2013). C.

Judgment

According to the records of this case, the first instance court served the defendant with a copy of the complaint, notice of date for pleading, etc. by public notice, and proceeded with pleadings on November 19, 2014, and sentenced the first instance court to accept the plaintiff's claim on November 21, 2014. The original copy of the first instance court was served on the defendant on November 21, 2014. The defendant was served with the first instance court's written notice from the Korea Credit Information Company, a debt collection agency, on January 12, 2016, and around that time.

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