Text
1. The plaintiff succeeding intervenor's claim is dismissed.
2. The total cost of the lawsuit between the plaintiff succeeding intervenor and the defendant.
Reasons
The Plaintiff appealed against the judgment of the first instance court. However, at the instant appellate court, the Plaintiff did not appear on August 19, 2015 at the first date for pleading and September 16, 2015. The Plaintiff did not file an application for designation of the date within one month from September 16, 2015. Thus, the Plaintiff’s appeal was deemed to have been withdrawn on October 17, 2015.
Therefore, the scope of this court's trial is limited to the claims of the plaintiff succeeding intervenor who succeeded in the trial.
The Plaintiff’s succeeding intervenor asserts that an objection against the payment order is unlawful, because the Defendant did not raise an objection within two weeks from the date when the original copy of the instant payment order was served, the Defendant asserts that the objection is unlawful.
In principle, service shall be conducted at the domicile, temporary domicile, residence, or business office of the person to be served (Article 183(1) of the Civil Procedure Act). The place of business or business office of the person to be served refers to the business office or business office of the person to be served, not the place of service of the person to be served (see Article 183(2) of the Civil Procedure Act). However, according to Article 183(2) of the Civil Procedure Act stipulating the service at the work place, service at the work place may be conducted only when the person to be served is aware of the address, etc. of the person to be served or the person to be served is unable to be served at such place. Thus, service at the work place without
(See Supreme Court Order 2004Ma535 Dated July 21, 2004). However, the application for the instant payment order is written at the defendant's address as the defendant's address as "Seoul Metropolitan City B loan 403," and the service place as "Yeong-ri 521, Pyeong-do, Busan Metropolitan City, Busan Metropolitan City, Do, as the service place," and the original copy of the instant payment order is the defendant's domicile in accordance with the above application.