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(영문) 대구고등법원 2018.09.20 2017나26189

대여금

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 May 1, 2014, the Plaintiff filed the instant lawsuit against the Defendant and the co-defendant B and C of the first instance court as the Daegu District Court, which caused the first instance court to seek payment of the amount stated in the instant claim, as the above court 2014Gahap201951.

B. On May 23, 2014, a mailman served with the copy of the instant complaint submitted by the Plaintiff, prepared a notice of post delivery stating that “The mailman sent the same copy to “Seo-gu G and 3 floors (hereinafter “the delivery place”) falling under the Defendant’s address on the Defendant’s corporate registry,” who is the Defendant’s office clerk or employee, “Seo-gu G and 3 floors (hereinafter “the delivery place”).”

C. On January 5, 2015, the court of first instance sent a notice of the date of pleading as of January 23, 2015 regarding the instant case (hereinafter “instant notice”) to the instant place of delivery, but the instant notice was not served on the grounds that the director is unknown.

On January 14, 2015, the court of first instance sent the instant notice to the SimsanJ, which was recorded as the Defendant’s representative director under the Defendant’s corporate registry, as the Defendant’s representative director, on the Defendant’s corporate registry, and the relevant mailman attempted to serve the instant notice in the SimsanJ over three occasions, but all of the mailmen did not serve as “closed absence.”

E. Accordingly, on January 22, 2015, the court of first instance served the instant notice by sending it to the “J at Busan Metropolitan City,” and the court of first instance served only the Plaintiff on January 23, 2015, and the Defendant and the joint Defendants of the first instance court served on the first day for pleading while all of the Defendants were absent, and notified the date for sentencing on February 13, 2015 at the closing of pleadings.

F. On January 23, 2015, the court of first instance sent the notice of the above sentencing date to the defendant as the place of service of this case, and as to January 29, 2015, the notice of the above sentencing date is the place of service of this case.