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(영문) 대구지방법원 2015.11.05 2015나4694
부당이득금반환
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.The following facts are apparent in the records:

The first instance court served a duplicate of the instant complaint as “Gumi-si C, 103 Dong 207, the Defendant’s domicile, and D, the Defendant’s mother and cohabitant, received a duplicate of the instant complaint on May 16, 2013 at the above address.

B. Accordingly, on June 3, 2013, the Defendant submitted to the first instance court a written reply containing the content of specifically disputing the Plaintiff’s claim, as well as an application for permission of a counterclaim and a counterclaim seeking damages against the Plaintiff as the Defendant’s legal representative.

C. On July 9, 2013, the first instance court designated the first date for pleading as of July 9, 2013, and served a notice of the date for pleading to the above address of the Defendant, and D received the notice of the date for pleading at the above address of the Defendant on June 17, 2013.

On July 9, 2013, the first instance court permitted D, who was present on behalf of the Defendant, as the attorney of the Defendant at the first instance court, on the date of the first instance court opened on July 9, 2013, and thereafter D, as the attorney of the Defendant, attended at all the date from the first day of pleading to the fourth day of pleading, and testified. On November 12, 2013, the first instance court concluded the pleadings at the fourth day of pleading, which was opened on November 12, 2013, and announced that the date of pronouncement was designated on December 10, 2013, and sentenced the first instance court on December 1

E. On December 18, 2013, the first instance court attempted to serve an original copy of the judgment to the above Defendant’s address, but was unable to serve due to the absence of each closure on December 19, 2013, and on January 23, 2014, sent the original copy by registered mail to the Defendant’s address on January 3, 2014.

2. Determination as to the legitimacy of appeal following the subsequent completion of this case

A. The Defendant’s assertion is aware of the fact that the first instance court served the original of the judgment by means of registered mail, and subsequently, after being issued the original of the judgment at the first instance court on March 11, 2014, the Defendant filed an appeal after knowing the fact that the first instance court was sentenced to the judgment, so the period of appeal is due to a cause not attributable to the Defendant.

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