beta
(영문) 대전지방법원 2016.04.08 2015나7648

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Reasons

1. Whether the appeal of this case is lawful

A. The following facts are significant or obvious to this court in terms of records:

1) On December 5, 2014, the Plaintiff submitted the instant complaint to the ASEAN court of the Daejeon District Court (2014da17949). On January 21, 2015, the first instance court served the complaint on the Defendant’s “Asan City Cbuilding D Council members (the Defendant operated)” as the Defendant’s place of delivery. On December 9, 2014, the Plaintiff received the duplicate of the instant complaint and the instant manual. (2) On January 21, 2015, the first instance court served on the Defendant’s employee as the place of delivery, and the Defendant directly appeared on the date of pleading on December 21, 2015.

In addition, the defendant received the plaintiff's preparatory document on February 12, 2015, and the notice of the date of pleading on March 2, 2015 at the place of delivery on April 1, 2015.

3) After that, the court of first instance sent a notice of the date of pleading on May 20, 2015 to the place of delivery, but when it was impossible to serve on April 9, 2015 due to the absence of closure, it served on April 13, 2015 by means of delivery at the place of delivery, and also served on April 13, 2015 due to the absence of closure, and served on June 1, 2015 by means of delivery. 4) The court of first instance rendered a judgment in favor of the Plaintiff on June 3, 2015. When the original judgment was sent to the Defendant, but it was impossible to serve on the Defendant as the place of delivery due to the absence of closure, the service by public notice became effective on July 4, 2015, and the Defendant filed the instant appeal for subsequent completion on July 24, 2015.

5 The defendant did not change his address or place of service to the court of first instance.

(b) To examine the appeal, the subsequent completion of the appeal can be done within two weeks from the time when the reasons for failure to comply with the appeal period due to a cause not attributable to the party, and the "party" under Article 173, Paragraph 1 of the Civil Procedure Act may be responsible.