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(영문) 부산지방법원 2018.07.26 2017나7481

구상금

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. Determination on the legitimacy of a subsequent appeal

(a)The following facts of recognition are apparent or obvious to this Court in the records:

1) On April 27, 2016, the Plaintiff filed a lawsuit for the claim for reimbursement with the Seoul Central District Court 2016Gaso139089, with the Defendant as the Defendant on May 31, 2016. (2) When the Plaintiff specified the Defendant on May 31, 2016 and submitted an application for the correction of the indication, the said court served the copy of the written complaint and the written correction of the indication of the party on May 31, 2016, to the “Sesansansan-gu C”, the location of the Defendant’s “B” operated by the Defendant, but was not served as the director’s

3) Accordingly, the above court conducted the service of enforcement officer as “Masan-gu, Kusan-gu,” which is the Defendant’s home address, and the Defendant received a duplicate, etc. of the complaint from the above address on June 28, 2016. (4) On July 13, 2016, the Defendant submitted an application for transfer of lawsuit to Busan District Court for transfer of the above lawsuit. On October 4, 2016, the above court served the Defendant with the original copy of the transfer decision to transfer the above lawsuit to Busan District Court, but was not served as a closed text, and on October 12, 2016, sent it to the Defendant.

5) On February 9, 2017 and March 3, 2017, the court of first instance, in which the instant case was transferred pursuant to 2016 Ghana108793, sent the notice of the date for pleading to the Defendant as the domicile of the Defendant, but all of the notices were not served due to the absence of closure, and the court of first instance sent the notice to the Defendant on March 6, 2017. 6) After the date for pleading, the court of first instance sent the notice to the Defendant on March 23, 2017, and sent the notice of the date for pleading on April 21, 2017, and rendered a favorable judgment of the Plaintiff on May 10, 2017.

7) On May 15, 2017 and May 26, 2017, the court of first instance served the original copy of the judgment of the first instance on the Defendant’s domicile, but was not served as a closed door, and on June 7, 2017, service of the original copy of the judgment of the first instance to the Defendant was effective on June 22, 2017, and the service became effective on September 14, 2017.