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(영문) 서울북부지방법원 2019.01.24 2018나1528

손해배상

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. The facts under the following basic facts are remarkable or obvious in records to this court:

On March 15, 2017, the Plaintiff filed the instant lawsuit seeking payment of KRW 5,188,000 for damages against the Defendant, on the ground that “The Defendant, despite the absence of the eligibility to conclude a sub-lease contract with respect to the fifth fifth floor located in Dongdaemun-gu Seoul, caused the Plaintiff to enter into the said contract by deceiving the Plaintiff, thereby causing damage to the Plaintiff.”

B. On March 27, 2017, the court of first instance served a duplicate of the complaint of this case and a litigation guide as “Seoul Dongdaemun-gu C” indicated in the complaint at the Defendant’s address, and the Defendant directly received it on March 28, 2017.

C. The court of first instance thereafter held against the defendant

On July 6, 2017, the first written notice of the date for pleading was sent to the address indicated in the port, and on July 12, 2017, the first written notice of the date for pleading was sent on July 12, 2017, and the second written notice of the date for pleading was sent on August 31, 2017, but on September 6, 2017, the director was unknown on September 6, 2017. ③ On September 14, 2017, the Plaintiff’s indication in the instant written complaint was sent to the effect that “A and Jung-gu Seoul, Seoul, claiming damages for delay amounting to KRW 5,18,000,” and each of the instant written statements were sent to the effect that “A and Jung-gu, Seoul, claiming damages for delay amounting to KRW 5,18,000,” but each of the above documents was sent to the director’s respective written notice of amendment was sent to the director’s unknown on September 18, 20197.

On October 18, 2017, the court of first instance sentenced the judgment of the court of first instance which fully accepted the Plaintiff’s claim. On October 30, 2017, the original copy of the judgment of the court of first instance was served on the Defendant by means of service by public notice and became effective on November 14, 2017.

E. Meanwhile, on May 8, 2018, the court of first instance held that the Defendant’s address “Seoul Dongdaemun-gu C and 5 floors” among the indication of the parties to the judgment of the first instance as “Seoul Gyeong-gun G, Gyeong-gun, Gyeong-gu.”