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(영문) 광주지방법원 2016.11.11 2016나3207

부당이득금

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 subsequent appeal of this case is lawful

(a)The following facts of recognition are apparent in, or obvious to, the record:

1) On December 9, 2015, the Defendant’s mother C was served with a duplicate of the instant complaint at the Defendant’s domicile as the Defendant’s cohabitant on December 9, 2015. (2) On February 16, 2016, the Defendant submitted to the court of first instance a written application for the change of service place to D, 202 Dong 1901.

3) On March 31, 2016, F, a person living together with the Defendant’s Form E, served the original copy of the judgment of the first instance court at the place of service reported by the Defendant on March 31, 2016, and the Defendant submitted a petition of appeal on April 27, 2016, when two weeks of appeal period elapsed. (B) The “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the grounds for failure to comply with the period despite the party’s due care to conduct the said procedural acts. If the person was not present at the place of service other than the place of work, the document may be served by delivering the document to the person capable of separating the document (Article 186(1) of the Civil Procedure Act). The Defendant submitted an application to change the place of service to the court of first instance at the Defendant’s place of service at which the Defendant applied for change, who is a person living together with the Defendant’s judgment, was unable to receive the original copy directly against the Defendant.”

2. In conclusion, the defendant's appeal for the subsequent completion of the appeal of this case is unlawful since it was filed after the appeal period has expired, and it is so decided as per Disposition by the decision to dismiss the defendant's appeal.