(영문) 광주지방법원 2020.07.24 2019나3369 | 리걸엔진

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글꼴

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줄 간격

자간(%)

(영문) 광주지방법원 2020.07.24 2019나3369

대여금

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. Facts of recognition;

A. On November 29, 2018, the Plaintiff filed the instant lawsuit against the Defendant, and on January 15, 2019, a duplicate of the instant complaint was served on the Defendant’s child D (16 years of age) who was a cohabitant.

B. On April 10, 2019, the first instance court designated the Defendant as the date for the first pleading and sent a notice of the date of pleading to the Defendant on which a duplicate of the complaint was served, but on March 6, 2019, the first instance court sent it on March 7, 2019 and sent it to the Defendant on March 8, 2019.

C. After the first instance court, on May 1, 2019, designated the Defendant as the date for the second pleading and sent a notice of the date for pleading to the Defendant as of the date for the second pleading, but on April 15, 2019, the service was made on April 16, 2019 and on April 17, 2019.

On May 1, 2019, the first instance court closed the pleadings and designated May 22, 2019 as the sentencing date, and sent a notice of the sentencing date to the Defendant to the above address on May 7, 2019, but did not serve the notice on May 8, 2019, and sent it to the Defendant on May 9, 2019.

E. On May 22, 2019, the first instance court rendered a judgment in favor of the Plaintiff, and sent the original copy of the judgment of the first instance to the address above, but was not served as an unknown address. As such, on May 30, 2019, the service of the original judgment of the first instance court was effective on June 14, 2019.

F. On July 22, 2019, the Defendant submitted the instant written appeal for the subsequent completion.

[Grounds for recognition] The substantial facts in this Court and the purport of the whole pleading

2. Determination on the legitimacy of a subsequent appeal

A. The defendant's assertion that the defendant did not receive a copy of the complaint of this case from the defendant Eul, and the defendant could not know at all the process of the lawsuit of this case and its proceeding. D did not have the effect of delivering the copy of the complaint of this case as a person under 18 years of age at the time of delivery of the copy of the complaint of this case. The original copy of the judgment of the court of first instance shall also be served on the defendant by service by public notice, and the defendant shall be liable

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