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(영문) 수원지방법원 2018.11.01 2018나64627

약정금

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.The following facts of recognition shall be apparent in the records or significant to this Court:

On December 11, 2017, the Plaintiff filed the instant lawsuit against the Defendant. The first instance court sent a copy, etc. of the written complaint to the Defendant’s domicile, and received service on December 19, 2017 by the Defendant’s spouse D.

(B) A written guide served with the duplicate of the complaint to the effect that "a written answer shall be submitted within 30 days from the date of being served with the duplicate of the complaint, and if a written answer is not submitted within the above period, it shall be deemed that the facts constituting the cause of the claim have been led to the confession and may be ruled without

The first instance court, as the Defendant did not submit a written response within 30 days after receiving a duplicate, etc. of the complaint as above, sent a notice of the date of adjudication to the Defendant’s domicile without holding any pleadings, and the first instance court, as the above notice of the date of adjudication cannot be served without being served by the addressee or the absence of closure documents, sent the notice of the date of adjudication to the Defendant’s domicile, which is the place where the previous service was previously served, and sent the notice of the date of adjudication to the Defendant’s domicile, and received the delivery order on February 2, 2018, and the first instance court rendered a judgment without holding the Plaintiff’s favor on February 14,

C. Next, the first instance court served the original of the judgment on March 5, 2018, which was sent the original of the judgment to the Defendant’s domicile but was not served due to the absence of closure, and served the original of the judgment by public notice on March 20, 2018, and became effective as of March 20, 2018.

On May 11, 2018, Defendant’s attorney submitted a written appeal for the subsequent completion to the first instance court.

2. If the original copy of the judgment of the court of first instance on the legitimacy of the appeal of this case was served on the defendant by means of service by public notice, the requirements are not satisfied.

Even if the service is valid, the above judgment becomes final and conclusive formally, and in this case, the defendant may file an appeal within the appeal period.