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(영문) 대전지방법원 2017.03.16 2016나8570
부당이득금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

On July 13, 201, the record reveals that the plaintiff filed an application with the court for the instant payment order against the defendant on July 13, 201, on which the original copy of the payment order was served on September 26, 201, the defendant's domicile, and on which the defendant raised an objection on October 5, 2011, the court of first instance delivered the notice on the date of pleading to the defendant to the defendant's domicile, but it becomes impossible to deliver the notice on the date of pleading to the defendant's domicile as "in the absence of text," while the court of first instance delivered the notice on the date of pleading to the defendant to the defendant's domicile. After the first instance court, the court of first instance did not deliver the notice on the date of pleading to the defendant on April 10, 2012 without going through the first instance court's delivery procedure of the notice on the date of pleading to the defendant on April 10, 2012. The court of first instance, after being present at the second instance court's domicile 20.

In light of the above facts, since the court of first instance revised the first date for pleading without notifying the defendant of the legitimate date and proceeded with the pleading, it is obvious that the pleading procedure is unlawful. The plaintiff stated the purport of the claim and the cause of the claim on the date for pleading unlawful by the plaintiff, and thereafter, the second date for pleading is not cured, such as the statement of the purport of the claim and the cause of the claim on the second date for pleading.

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