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(영문) 광주지방법원 2017.04.28 2016나4859

손해배상(기)

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. Basic facts

A. On February 24, 2015, the Plaintiff filed the instant lawsuit. On June 12, 2015, the Plaintiff revised the Defendant’s address to “Yannam-gun B building 303 (hereinafter “instant service address”) according to the first instance court’s order to rectify the address.”

The service address of this case was the domicile of D, the subscriber to the mobile phone number C used by the defendant.

B. On July 7, 2015, the duplicate of the complaint of this case was received by a cohabitant E at the place of service of this case.

C. After that, the first instance court served documents related to the lawsuit of the first instance court, such as a notice of the date of sentencing, on the Defendant, but not served as a closed door, and served the documents to the Defendant by means of dispatch, service, etc., and rendered a favorable judgment on November 14, 2015.

The first instance court served the original copy of the judgment as the delivery address of this case, but is not served as a closed door, and on December 15, 2015, ordered the defendant to serve by public notice, and the above service by public notice became effective on December 30, 2015.

E. From December 30, 2015, the Defendant filed an appeal for the subsequent completion on June 21, 2016, which exceeded the 14-day period for appeal from December 30, 2015.

[Ground of recognition] Facts without dispute, significant facts in this court, purport of the whole pleadings

2. The legality of a subsequent appeal.

A. If a person to be served is not present at the place where the relevant legal principles are to be served, documents may be served by delivering them to his/her office worker, employee, or cohabitant (Article 186(1) of the Civil Procedure Act). Here, a person living together with a person who actually belongs to the same household as the person to be served is only a person living together with the same household as the person to be served (see, e.g., Supreme Court Order 2000Ma5732, Oct. 28, 2000). The circumstance that the person was not negligent in failing to observe the period of appeal due to his/her failure to know the sentence and service of the judgment shall be asserted by the party who intends to complete the appeal.