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(영문) 전주지방법원 2017.06.22 2016나8841
투자금반환
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. Whether a subsequent appeal is lawful;

A. 1) As long as an original copy of the judgment has been served by public notice pursuant to the order of the presiding judge, even if such service fails to meet the requirements, the said judgment becomes effective, and thus, the period of appeal expires formally. The propriety of an appeal to the above judgment ought to separately determine whether it is due to any cause for which the appellant cannot be held liable (see, e.g., Supreme Court Decision 2001Da3039, Jul. 27, 2001). “Grounds for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the grounds for not complying with such period, despite the party’s due care to conduct the procedural acts. 1. Whether the Plaintiff was present at the date of pleading, 201Da470, Oct. 11, 2012, 2015; 2010Da4730, Sept. 1, 2017).

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