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(영문) 서울고등법원 2020.04.10 2019나2032727

대여금

Text

1. Disposition 1 of the first instance judgment was modified as follows according to the reduction of claims by this court.

Reasons

1. Determination on the legitimacy of a subsequent appeal

(a)The following facts of recognition may be found by the description in the record, either clearly or by the description in Category B 1, 2, 6-1, 6-2, of evidence 1, 1, 2:

(1) From December 9, 2015 to June 8, 2017, Defendant C was detained in Seoul Southern Detention Center.

(2) On March 18, 2016, the Plaintiff filed the instant lawsuit against the Defendants, and all copies of the instant complaint against the Defendants were served as Seoul Songpa-gu D and E at the domicile of Defendant C, the representative director of the Defendant B corporation, and stated in the service report that F, the Defendant’s cohabitant, was received on June 4, 2016.

(3) After that, the notice of the sentencing date to the Defendants was served as well as the notice on the Defendant C’s domicile. When both an addressee was unable to be served due to his/her unknown whereabouts, the service was made by registered mail. On July 20, 2016, the court of first instance sentenced the Plaintiff to the judgment in favor of the Defendants pursuant to Article 257(1) of the Civil Procedure Act, and issued an order of service by public notice to the Defendants, as the original of the judgment was not served with the Defendant C’s above domicile, and the said judgment against the Defendants was served with the service by public notice on August 17, 2016.

(4) Defendant C received the original copy of the judgment on June 25, 2019, which was subsequent to the release from Seoul Southern District Detention Center, and the Defendants submitted the instant written appeal for the subsequent completion on June 28, 201.

B. According to Article 182 of the Civil Procedure Act, a service to a person arrested, detained, or detained in a prison, detention house, or detention room of a national police station shall be served to the head of the prison, detention house, or national police station. If the service of the capital reconcilization was made in the previous domicile or residence before the prison, etc. is taken place without the warden of the prison, etc., it shall be null and void. The delivery shall take effect even if the court of the lawsuit knows the receipt of the capital