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(영문) 의정부지방법원 2017.07.12 2016나62645

임대차보증금

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1. The defendants' appeal shall be dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. We examine the legitimacy of the subsequent appeal filed by the Defendant ex officio in determining the legitimacy of the Defendants’ subsequent appeal.

(a) If a recipient of service has not been present at the place of service other than the place of service of the relevant legal doctrine, the document may be delivered to a person with intelligence to make a reasonable judgment as a cohabitant;

(1) Article 186(1) of the Civil Procedure Act provides that “A party’s failure to perform his/her duties” under Article 173(1) of the Civil Procedure Act refers to a cause for which the party is unable to comply with the period, even though he/she fulfilled his/her general duty to perform litigation. In cases where documents of lawsuit cannot be served in a usual way during the course of litigation and served by public notice, the documents of lawsuit cannot be served in a usual way, and where the documents of lawsuit are served by public notice, the parties are obliged to investigate the progress of the lawsuit by public notice. As such, if the parties fail to investigate the progress of the lawsuit and fails to abide by the peremptory period due to a cause not attributable to the party’s failure to perform the investigation into the progress of the lawsuit, it shall not be deemed that the party’s failure to observe the peremptory period, and if the parties were to complete the appeal

(Supreme Court Decision 2012Da44730 Decided October 11, 2012). B.

Facts of recognition

According to the records, the Plaintiff filed the instant lawsuit against the Defendants with the Goyang-gu District Court on February 19, 2016, and ② the court of first instance served the Defendants with the documents of the instant lawsuit D, 502 Dong-dong, Seoyang-gu, 502 Dong902, the Defendants’ domicile. On March 21, 2016, E, the Defendants’ mother, received the copies of the complaint, etc. at the above address, and signed it. ③ Even if the copies of the complaint were served, the Defendants did not submit a written response to the court of first instance.