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(영문) 광주지방법원 2016.10.14 2015나6148

임대차보증금

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 17, 2006, the Plaintiff filed an application with the Gwangju District Court for a payment order claiming the payment of lease deposit and damages for delay thereof against the Defendant, and the said court issued the payment order as the payment order on February 20, 2006 tea625 of the same month.

The original copy of the above payment order was served as "Seoul Gwangjin-gu, Seoul, which is the defendant's domicile at the time, and the defendant submitted a written objection against the above payment order on March 13, 2006.

B. In the litigation procedure commenced by the above defendant, the court of first instance rendered a judgment citing the plaintiff's claim on June 13, 2006 after opening the first day for pleading and closing the pleading on the following day after closing the pleading, since the notice of the date for pleading was served on the defendant's domicile to the above address but is not served on the addressee's unknown address.

On July 19, 2006, the court of first instance served the original copy of the judgment by means of service by public notice, as the original copy of the judgment was served to the defendant's address but is not served to the addressee due to his unknown address. On August 30, 2006, the service became effective at the time of service by public notice by the presiding judge of the first instance court.

C. On June 24, 2015, the Defendant submitted the instant written appeal to the effect that 14 days have elapsed since the date of arrival of the original copy of the said judgment.

[Reasons for Recognition] Entry B of Evidence No. 2, a significant fact in this Court, a clear fact in records, the purport of the whole pleadings

2. Determination on the legitimacy of the Defendant’s appeal for the subsequent completion of the appeal

A. A. The defendant's omission of the defendant's assertion that D acquired E apartment 5, 502 in the name of the defendant and leased it to the plaintiff on January 1, 1996 without notifying the defendant at all.

However, as D failed to refund the lease deposit to the Plaintiff, the Plaintiff applied for the instant payment order against the Defendant, and D received the original copy of the instant payment order without notifying the Defendant, and prepared a written objection in the name of the Defendant.