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(영문) 광주지방법원 2019.08.08 2018나5955

대여금

Text

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.

Reasons

1. Determination on the legitimacy of a subsequent appeal

(a) The place of service is, in principle, the domicile, temporary domicile, place of business, office of the person to be served (the main sentence of Article 183(1) of the Civil Procedure Act) and the place of service other than the place of service, if the person to be served is not present, the document may be delivered to his office worker, employee, or cohabitant with the mental capability to make reasonable judgment;

(1) Article 186(1) of the Civil Procedure Act provides that the supplementary service shall be made at the place where the original service is to be made, and ultimately, it is premised on the possibility of being received by the person to be served with the principal, and “a person living together” under Article 186(1) of the Civil Procedure Act refers to a person who actually belongs to the same household as the person to be served with

(See Supreme Court Decision 77Da2029 delivered on February 28, 1978, etc.). B.

The following facts are identified by the respective descriptions (including branch numbers; hereinafter the same shall apply) of the evidence Nos. 2 through 5 and 7 and the purport of the whole pleadings or by records.

1) The first instance court served a duplicate of the complaint of this case, a statement of lawsuit guidance, and a notice of the sentencing date as H apartment I, which are the domicile of the Defendant’s resident registration card, as at the time the Defendant’s notice was served. The Defendant’s Dong-in received each of the above documents (hereinafter “duplicate, etc. of the complaint of this case”).

2) On September 28, 2009, the first instance court served the Defendant with the original of the judgment by public notice.

3. The defendant was issued a certified copy of the first instance judgment on October 22, 2018, and filed a subsequent appeal on October 31, 2018 against the judgment of the first instance court on October 31, 2018.

C. In this case, the J submitted a confirmation document stating that “the Defendant’s location and contact point at the time of receipt of the duplicate, etc. of the complaint in this case was unknown, and postal items could not also be delivered.” At the time of delivery of the duplicate, etc. of the complaint in this case to the J, the J is in fact with the Defendant.