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(영문) 서울중앙지방법원 2017.09.26 2017나30971
보증금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the Plaintiff’s assertion before the merits

A. The Plaintiff’s assertion was served with a notice of acceptance of debt collection on or around February 20, 2017 from the KFF Credit Information Company (hereinafter “KF Information”), which is a debt collector’s delegated by the Plaintiff, and even thereafter, on or around March 6, 2017 and around March 17, 2017, it was already known of the first instance judgment on or around February 21, 2017 due to the Plaintiff’s receipt of the notice of scheduled visit prior to the commencement of each legal measure. As long as the Defendant filed the instant subsequent appeal on April 4, 2017, more than two weeks thereafter, the Defendant’s instant appeal for the completion of the instant appeal was filed after the lapse of the appeal period, and is unlawful.

B. Determination 1) The first instance court, which sent the Defendant’s domicile on April 17, 2014, was unable to serve documents, such as a copy of the complaint, which were sent to the Defendant’s domicile as a closed door absence. On June 25, 2014, the above litigation documents, which were served again to the execution officer on the said domicile, were also impossible to be served due to a closed door absence. The first instance court, upon the Defendant’s absence, served the documents, such as the copy of the complaint and the notice of the date for pleading, etc. by public notice, and concluded the pleadings on October 23, 2014 and sentenced the Defendant to the first instance judgment on the same day after the closure of pleadings. On November 5, 2014, the original copy of the first instance judgment against the Defendant was served by public notice, and on March 23, 2017, the Defendant was unable to serve the original copy of the complaint by public notice or by public notice on April 4, 2017.

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