(영문) 광주고등법원 2020.02.12 2019나110 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2020.02.12 2019나110

대여금

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1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Determination on the legitimacy of a subsequent appeal

A. According to the records of this case, the following facts can be acknowledged.

1) On September 12, 2018, the Plaintiff: (a) on September 12, 2018, the Defendant’s address (hereinafter “instant address”); (b) the address of the Codefendant B of the first instance trial; (c)

(2) The Plaintiff filed the instant lawsuit by entering into the instant suit. The first instance court served a duplicate of the instant complaint to the address indicated in the complaint and served on September 28, 2018. The notice of postal service is written that “a Dong person G” was received. 2) The Plaintiff submitted an application for modification of the purport of the claim to the court of first instance on November 26, 2018 and November 30, 2018.

On December 6, 2018, the court of first instance, served the application for modification of the purport of each of the above claims to the address of the instant case, and served on December 6, 2018. The notice of delivery by mail is indicated as the receipt by the “spouse G”.

3) On January 24, 2019, the court of first instance: (a) deemed that the Defendant did not submit a written reply even after being duly served; and (b) served a notice of the sentencing date to the instant address on December 10, 2018; and (c) stated that the notice of postal service was received by “W”. On January 24, 2019, the court of first instance issued a favorable judgment against the Plaintiff on January 24, 2019, and served the certified copy of the judgment to the instant address on January 30, 2019; and (d) stated that the mail notice was served by “H” on October 14, 2019; and (c) the Defendant submitted an appeal to the first instance judgment on October 16, 2019.

5) Since the Defendant completed the move-in report to "F of the Jeonsung-gun, Jeonsung-gun on February 10, 1982, the domicile in the resident registration has not been changed until now. The Defendant’s spouse, also, has not changed since he completed the move-in report to "F of the Jeonsung-gun, Jeonsung-gun on April 3, 2003."

유사 판례

-광주고등법원 2020.02.12 2019나110

-의정부지방법원 2016.09.30 2015나11749

-서울고등법원 2019.11.28 2018나48

-서울고등법원 2008.04.25 2007나65315

-의정부지방법원 2017.01.13 2016나8191