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(영문) 서울고등법원 2017.11.21 2016나209780

대여금

Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Whether the appeal is lawful after subsequent completion;

(a)The following facts of recognition may be found in the records, either clearly or comprehensively considering the overall purport of the pleadings, if any:

1) On June 12, 2014, the Plaintiff filed the instant lawsuit against B (the mother of the Defendant, death on July 9, 2016), and the Defendant. The duplicate of the complaint against them was received B from “B”, which is the domicile indicated in B on June 25, 2014. (2) After that, the court of first instance attempted to deliver B and the Defendant a notice of the sentencing date to the said domicile on August 11, 2014, but all impossible (in the absence of text of oral argument). On August 26, 2014, the court of first instance sent the notice of sentencing to the said domicile on August 29, 2014, and rendered a declaration of the first instance judgment with the content of the Plaintiff’s claim accepted by both the Plaintiff and the Defendant on August 29, 2014.

3) Although the court of the first instance attempted to serve the original copy of the judgment of the first instance against B and the Defendant at his domicile, all of which were impossible to serve (defluence absence), the court ordered the service of these documents by public notice on September 17, 2014. Accordingly, on October 2, 2014, the original copy of the judgment of the first instance was served on B and the Defendant by public notice. 4) Meanwhile, from August 2008 to February 2016, the Defendant continued to reside in the United States except for temporary return while studying in the U.S. during the course of going home and going home from August 2008 to February 2, 2016, and all of the judgment of the first instance and the judgment of the court of first instance were staying in the United States.

5) On October 21, 2016, the Defendant perused and copied the instant court records, and submitted a subsequent supplement of the petition of appeal to the court of first instance on October 26, 2016. (B) Article 173(1) of the Civil Procedure Act (see, e.g., Supreme Court Decision 2006Da1548, Oct. 26, 2016).