공사대금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Determination on the legitimacy of a subsequent appeal
A. If a copy of the complaint of related legal principles and the original copy of the judgment were served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she may file an appeal by up to two weeks after such cause ceases to exist (30 days if the cause ceases to exist in a foreign country at
Here, the term “after the cause has ceased” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the said judgment was delivered by public notice. Barring any other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was served by public notice only when the party or legal representative inspected the records of the case or received the original
(see, e.g., Supreme Court Decision 2010Da75044, 75051, Jan. 10, 2013). (B)
The following facts may be recognized by the overall purport of this Court, or by the entry (including each number) in the evidence of No. 5 to No. 7 of this Court, and by the entire purport of the pleading.
(1) On December 9, 2013, the Defendant actually resided in “Seoul Eunpyeong-gu C and D” and brought a move-in report to “Seoul Jongno-gu F” which is the Defendant’s domicile in the resident registration address as a matter of school attendance, while living in “Seoul Eunpyeong-gu C and D”.
(2) On August 20, 2018, the first instance court served a duplicate, etc. of the complaint against the Defendant on the Defendant’s resident registration card, and on August 20, 2018, G, who works as the government of the E couple’s family, received the duplicate, etc. of the complaint.
Since then, the first instance court served the documents related to the lawsuit, such as the notice of the date of pleading on the defendant, to the same address, but when all documents related to the lawsuit is impossible to be served due to the absence of closure, it shall be served by means of delivery