beta
(영문) 서울남부지방법원 2017.08.10 2016나55597

투자금반환

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 court of first instance, where a copy of complaint against the defendant is not served in the litigation proceedings of the first instance, served the documents on the defendant by public notice, and submitted to the court the application for change of the date on May 15, 2015, which became the name of the defendant, and the preparatory documents on July 7, 2015, the court of first instance revoked the service order with respect to the defendant on July 10, 2015, and served the documents related to the defendant on the envelope that the defendant submitted to the court on May 15, 2015 (No. 4,504, Jinjin-gu, Seoul) as the address on which the defendant submitted the application for change of the date on May 15, 2015 (No. 4,504). The court of first instance, which served the documents on the defendant by public notice, was declared as the address on March 18, 2016 and the court of first instance, which served the original documents on the defendant on the date of closure 21616, 3016.

2. If a copy, original copy, etc. of a complaint were served by service by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. In such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him

A subsequent appeal may be filed within two weeks after the cause ceases to exist; however, even if the defendant knows that the lawsuit was filed, he/she neglected it.

If service by public notice has not been made to the reported address or by public notice, even though the fact that the judgment was served by public notice was not known to the defendant, there is negligence on the defendant.

As such, the defendant's appeal for subsequent completion is unlawful.

(see, e.g., Supreme Court Decision 2010Meu2082, Oct. 28, 2010). As to the instant case, health stand.