대여금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The facts below the basic facts are either apparent in the records or obvious to this Court.
On June 27, 2012, the Plaintiff filed the instant lawsuit against the Defendant, Co-Defendant C of the first instance trial, and Korean Bank, Co-Defendant C of the first instance trial. The duplicate of the instant complaint was not served on the Defendant due to the addressee’s uncertainty.
B. On July 11, 2012, the first instance court ordered the Plaintiff to correct the Defendant’s address, and on July 24, 2012, the Plaintiff submitted a written correction of the address changing the Defendant’s address to “Grain-si L” which is the last address of the original copy and abstract of the Defendant’s resident registration.
C. On July 30, 2012, the first instance court served a duplicate, etc. of the instant complaint to the said address, but was not served as a closed door, and on August 14, 2012, ordered the Plaintiff to re-examine the Defendant’s address. On August 21, 2012, the Plaintiff applied for special delivery (on night) by indicating the Defendant’s address to the same place as the said address.
On September 5, 2012, the first instance court served a copy, etc. of the complaint of this case to the above address as an execution officer, but not served as an unknown address. On September 20, 2012, the first instance court ordered the Defendant to serve a public notice, such as a duplicate, etc. of the complaint of this case. On September 20, 2012, the first instance court served both a duplicate, a written notice on the date of pleading, a written application for change of the purport and cause of claim, a duplicate, a written application for correction of the purport of this case, and a written
E. On February 1, 2013, the first instance court sentenced the judgment of the first instance that partially accepted the Plaintiff’s claim of this case against the Defendant, and served the original copy of the judgment of the first instance on February 8, 2015 to the Defendant at the time of delivery of construction work.
F. On November 16, 2016, the Defendant submitted the instant written appeal for the subsequent completion to the first instance court.
2. Determination on this safety defense
A. On February 25, 2015, the Plaintiff asserted that the lawsuit amount was determined based on the judgment of the first instance, and the Defendant filed a written peremptory notice on June 11, 2015.