beta
(영문) 대구지방법원 2017.08.10 2016나11019

약정금

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 the appeal by the court below against the defendant is legitimate;

(a) The following facts of recognition do not conflict between the parties, or are significant in this Court:

1) On December 1, 2014, the Plaintiff filed an application for a payment order with the Defendant. On December 9, 2014, the original copy of the said payment order was served on the Defendant’s domicile, and received it by C, a cohabitant’s spouse. The Defendant submitted a written objection against the payment order on December 22, 2014. (2) The first notification of the date for pleading was served on the Defendant’s domicile on March 23, 2015, and the said C received it. However, the notice of the second date for pleading was served on the Defendant’s domicile on April 28, 2015 and on May 7, 2015.

On May 13, 2015, the court of first instance sent a notice of the date of pleading, such as a copy of the above complaint, etc.

3) On April 22, 2015, the Defendant was not present at both the first date for pleading on April 22, 2015 and the second date for pleading on May 20, 2015. On May 20, 2015, the court of first instance closed the pleading on May 20, 2015, and declared a judgment accepting the Plaintiff’s claim. On June 16, 2015, the original copy of the judgment was served on the Defendant on the ground that it was not served on the Defendant on the ground that the addressee was unknown, and the service by public notice came into force on July 1, 2015, the Defendant was issued the original copy of the judgment on September 7, 2016, and filed the instant appeal on the 19th of the same month.

B. Article 182 of the Civil Procedure Act provides that service on a person arrested, detained, or detained in a prison, detention house, or detention room of a national police station shall be made to the head of a prison, detention house, or national police station. As such, the warden of a prison, etc. is a kind of legal representative in the service of the prison, etc. for the reorganization of a prison, etc., so if the service of the reorganization of a prison, etc. was made to the previous domicile