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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. Whether a subsequent appeal is lawful;
A. On January 16, 2019, the Defendant: (a) transferred the head office to the Gangseo-gu Seoul Metropolitan Government F on April 4, 2019; (b) the Defendant was served with the original copy of the instant payment order and submitted the written objection on April 23, 2019. (c) Accordingly, the first instance court served the Defendant with the notice of the date for pleading to the said address; (d) on May 28, 2019, sent the notice to the Defendant on the said date for pleading; (e) however, the Defendant sent the notice to the said address on May 28, 2019 without being served with the unknown director.
On July 15, 2019, the first instance court concluded the pleading on the first date for pleading, set a sentencing date, and served a notice of sentencing to the above address on the defendant, but sent the notice to the defendant on July 15, 2019.
On August 13, 2019, the first instance court rendered a judgment accepting the plaintiff's claim, and served the original copy of the judgment to the above address to the defendant, but made a service by public notice on September 6, 2019, as the director was not served due to his unknown address.
3) On October 23, 2019, the Defendant perused the records of the first instance court on October 23, 2019, and submitted the instant written appeal for the subsequent completion to the first instance court on October 30, 201. 【The evident facts in the records underlying recognition, Eul’s entry in the evidence No. 1, and the purport
B. Article 185(1) of the Civil Procedure Act provides that “When a party, legal representative, or attorney has altered the place of service, the purport thereof shall be immediately reported to the court.” Article 185(2) of the same Act provides that “Where the place of service to a person who has failed to make a report under paragraph (1) is unknown, the documents to be served may be served in such a way as prescribed by the Supreme Court Regulations at the previous place of service.
"Where the place to be served on a monthly basis is unknown" under Article 185 (2) of the Civil Procedure Act means a place where service is to be made as data which are not necessary to order the other party to correct his/her address or to investigate the resident registration card, etc. ex officio.