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(영문) 수원지방법원 2015.05.20 2014나41190

운반비

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff shall be against the defendant corresponding to the revoked part.

Reasons

1. Determination on the legitimacy of a subsequent appeal

A. The Plaintiff’s assertion 1) The Plaintiff is the Co-Defendant A Co-Defendant A (hereinafter “A”) of the first instance trial.

(2) In this case, the Defendant asserted that, on June 3, 2014, the Defendant failed to comply with the appeal period against the judgment of the first instance court due to the Defendant’s mistake, since it is evident that the instant lawsuit was filed in the capacity of representative director A, such as submission of A’s written response, etc., to the court of first instance, in the capacity of representative director of the first instance. (2) The Defendant issued a notice of the attachment and collection order of the judgment of the first instance on October 29, 2014, and only after receiving the original copy of the judgment of the first instance on October 29, 2014, the Defendant was aware of the pronouncement of the judgment of the first instance on service by public notice, and therefore, the Defendant filed the instant appeal on October 30, 2014.

B. The Plaintiff, at A’s request, has the same year from March 21, 2012.

9.1. Until January 1, 200, the Defendant, a representative director of A, did not receive KRW 38,798,000 out of the aggregate transport cost of KRW 114,256,00, and filed a lawsuit against the Defendant and A seeking payment of the same amount as the purport of the claim against the Plaintiff.

2) On April 11, 2013, the court of first instance sent a copy of the complaint against the Defendant to “Ycheon-gu, Incheon-dong C 17 Dong-dong 319, 320,” which is the former domicile of A, and staff D received a copy of the complaint and a written guidance for lawsuit at the above domicile on April 12, 2013. 3) The Defendant did not submit a written response. The court of first instance sent the notice of the sentencing date to the domicile of the above A on May 29, 2013, and D on May 30, 2013.