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(영문) 서울남부지방법원 2015.09.24 2015나4912

임대차보증금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The following facts are apparent in the record:

On May 26, 2014, the Plaintiff filed a lawsuit against the Defendants as Seoul Southern District Court 2014Gaso74948, and Defendant B’s mother-child and Defendant C’s wife were served with a duplicate of the complaint on June 27, 2014, the service place of the Defendants, “Seoul Gangseo-gu E building Branch”.

B. On July 23, 2014, the Defendants filed an application with the court of first instance for permission to act as an agent of Defendant C, which was put by Defendant B, along with a written answer, and the court of first instance served the notice of the date of first instance as the service place of the Defendants, and Defendant C was served both at the above service place on September 5, 2014. The Defendants submitted a preparatory document on September 15, 2014. The Defendants, as Defendant C’s legal representative and the Defendant themselves, was present and stated on September 22, 2014.

C. The court of first instance changed the date for the second pleading, which was notified at the date for the first pleading, to later designate it, and again served the notice of the second date for pleading to the place where the Defendants were served, and on November 11, 2014, Defendant C submitted an application for change of the date on November 24, 2014. However, the court of first instance rejected the application for change of the date, and concluded the pleading on November 25, 2014 on November 25, 2014, after concluding the pleading at the date for the second pleading, the court of first instance delivered the notice to the Defendants as the place where the Defendants were served, but did not serve on December 3, 2014, and rendered a judgment accepting the Plaintiff’s claim against the Defendant B around the Plaintiff on December 9, 2014.

On December 11, 2014, the court of first instance served a certified copy of the judgment of the court of first instance as the service place of the Defendants, but served on December 17, 2014 by means of service by public notice on December 22, 2014.

Accordingly, the original copy of the judgment of the court of first instance has come into effect on January 6, 2015, and the defendants have the limit to the appeal period.