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(영문) 수원지방법원 2016.04.27 2015나35413

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. Facts of recognition;

A. The Plaintiff filed the instant lawsuit against the Defendant seeking the payment of unjust enrichment under the Suwon District Court’s Ansan Branch 2013Gaso153123 (which was cultivated later and the case number was changed by the Suwon District Court’s Ansan Branch 2014Kadan108355).

B. On January 13, 2014, the court of first instance served the defendant with a copy of the complaint and the litigation guide of this case to "Seoul Yangcheon-gu," which is the defendant's place of business recorded in the plaintiff's complaint, and received them on January 13, 2014. On several occasions, the court served with the defendant's employee, spouse, or himself/herself at the above service place until September 26, 2014.

C. After that, the court of first instance served the Defendant with a notice of change date, purport of the claim and reason for change, notification of change date, notification of decision date, and notification of decision date, etc. to the above service place, but became impossible to serve due to the addressee’s unknown reasons from December 13, 2014, the service by registered mail was carried out.

On April 1, 2015, the court of first instance rendered a judgment in favor of the Plaintiff in the absence of the Defendant’s appearance. After serving the original copy of the judgment as the Defendant’s above service place, but it became impossible to serve the original copy due to the addressee’s unknownness, the service by public notice ex officio on April 9, 2015, and the service by public notice became effective on April 24, 2015.

E. On September 2, 2015, the Plaintiff sent to the Defendant a certificate of performance promotion accompanied by the said copy of the judgment, and received it around that time, and on September 14, 2015, sent to the Plaintiff a certificate of content that contradicts the Plaintiff.

F. On September 23, 2015, the Defendant filed an application for perusal and duplication of court records with the court of first instance, and submitted a written appeal for subsequent completion to the court of first instance on October 5, 2015 after being issued the original copy of the judgment.

[Reasons for Recognition] The facts, absence of dispute, Gap evidence Nos. 14, 15, and Gap evidence No. 16-1 through 3 are stated in this Court.