손해배상(기)
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Determination as to the legitimacy of the subsequent appeal of this case
A. The Defendant alleged that the appeal of this case was lawful, since the Defendant was unaware of the fact that the Defendant was unable to receive the notice of the complaint of this case and the date of pleading, etc., and thus, failed to observe the period of appeal due to a cause not attributable to the Defendant.
B. On April 8, 2013, the Plaintiff filed the instant lawsuit against the Defendant, and entered the Defendant’s address in the written complaint as “Seoul-si E, an address located in the Defendant’s resident registration address.” 2) The court of first instance served the Defendant with a duplicate of the written complaint on the said address. On April 12, 2013, the Defendant’s penalty F was served as a person living together with the Defendant, and the copy of the written complaint was served.
3) As the Defendant did not submit a written reply, the court of first instance scheduled to render a judgment without pleading, and served a notice of the pronouncement date on the domicile of the Defendant. On May 28, 2013, the notice of the pronouncement date was served by the Defendant F&C. 4) Accordingly, the court of first instance sentenced the judgment of the first instance without pleading on June 14, 2013, and served the original copy to the domicile above. The original copy of the judgment was not served as a closed text, and the original copy of the judgment was served to the Defendant by public notice.
5) Meanwhile, around July 2002, the Defendant left China and lived mainly in China after marriage with the Chinese spouse around 2010. On August 10, 2012 before the instant lawsuit was filed, the Defendant left China on August 10, 2012, and returned to Korea on May 25, 2014. (6) The Defendant filed an appeal for the instant subsequent completion on June 5, 2014.
[Reasons for Recognition] The substantial facts, evident facts in records, Eul evidence Nos. 1, 2, and 2 of the evidence No. 1, the purport of the whole pleadings in this Court
C. Determination, the place of service is, in principle, the address, residence, place of business, and office of the person to be served (main sentence of Article 183(1) of the Civil Procedure Act), and the person to be served at the place of service other than the place of service.