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(영문) 서울서부지방법원 2015.09.24 2015나933

대여금

Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

We examine the legality of the appeal of this case.

1. Facts of recognition;

A. The same year in which the Plaintiff filed a loan claim against the Defendants on January 11, 2008 by this Court 2008Gaso6110, and each addressee is not sent a copy of the complaint due to the addressee’s unknown.

5.2. According to the presiding judge’s order of service by public notice, the participating officer of the first instance court served a duplicate of the complaint, notice of date of pleading, etc. by public notice. The presiding judge of the first instance court revoked the above order of service by public notice when the Defendants submitted the preparatory documents after the date of first pleading, where both

The participating officer of the first instance court served a written answer on the Defendants in response to the above legal brief, but when it was impossible to serve the written answer again due to the absence of each closure, it served the said written answer by means of delivery by registered mail. On June 17, 2008, when the second date for pleading has run on June 17, 2008 with only the Defendant B present at the meeting, it served the three-time notice of the date for pleading to Defendant C, and on July 17, 2008, the pleadings were closed, while the Defendants were absent on August 21, 2008, and the judgment of the first instance court was pronounced.

The above participating officer is not served on the defendants due to the absence of each part of the judgment.

9. On October 15 of the same year, in accordance with the order of the presiding judge of the first instance court to serve the original copy of the judgment by public notice, and served the defendants on October 15 of the same year.

B. The Defendants did not report the change of address to the court of first instance until the said judgment was rendered, and filed an appeal for the subsequent completion on February 2, 2015 when 14 days from the date of arrival of the original copy of the said judgment.

[Reasons for Recognition] The fact that Gap evidence No. 1, Eul evidence No. 3, and the purport of the whole pleadings

2. Determination

A. The “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act shall be observed by a party, even though the party has fulfilled its duty of care to conduct procedural acts.