대여금
1. Revocation of a judgment of the first instance;
2. As to KRW 260,00,000 among the Plaintiff and KRW 160,000,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 260,000.
1. Determination on the legitimacy of the procedure of appeal for subsequent completion and the judgment of the court of first instance
A. According to the records of recognition, the following facts are revealed.
1) On June 6, 2017, the Plaintiff filed the instant lawsuit by stating the Defendant’s service place as “Seong-gun E apartment and F, the representative director D’s domicile in the Defendant’s corporate registry, but the duplicate of the complaint was returned to the Plaintiff as the absence of closure. 2) On August 3, 2017, the Plaintiff received an order from the court of first instance to correct the address from the court, and submitted an amendment stating the Defendant’s service place as “B Co., Ltd., in Gyeonggi-gun G (hereinafter “instant service place”).
Accordingly, the above court served a duplicate of the complaint of this case as the place of service and served on August 8, 2017. The service method column is written in the service report column as “the employer, employee, etc. of the service place was given to him/her due to his/her failure to contact him/her,” “H” in the name column of the receiver and “workplace rent” in the relation column of the receiver, and H’s signature or seal box is written.
3) On September 22, 2017, the court of first instance: (a) deemed that the Defendant did not submit a written response even after lawful delivery; and (b) served the date notice to the service place of this case on September 15, 2017; and (c) served on the notice of the date of pronouncement on September 15, 2017. The service method column is as follows: (a) “I” in the name column of the recipient; and (b) in the name column of the recipient, “I” and “spouse” respectively; and (c) in the signature or seal column, the signature or seal column is written. After that, on September 22, 2017, the court rendered a favorable judgment of the Plaintiff on September 25, 2017; and (b) served the original copy of the judgment to the service place of this case on September 27, 2017; and (c) written the service notice as well as the service notice as the service notice as the service date.”