(영문) 창원지방법원 2020.07.23 2019나4148 | 리걸엔진

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(영문) 창원지방법원 2020.07.23 2019나4148

대여금

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1. The appeal by the defendant C shall be dismissed;

2. The part against Defendant B in the judgment of the court of first instance is revoked, and the Plaintiff’s defendant.

Reasons

1. Determination on the legality of the subsequent appeal

A. According to the records in this case, the court of first instance rendered a service by means of service not served on the defendant B by the complaint, etc., and rendered a judgment citing the plaintiff's claim against the defendant B. The above judgment was served by means of service by public notice and became final and conclusive on October 1, 2009, and the defendant C applied for the issuance of the original copy of the judgment on September 27, 2019, and the defendants submitted the final appeal on the same day.

Thus, the appeal of this case filed by Defendant B on September 27, 2019 is lawful, since it can be deemed that Defendant B could not comply with the appeal period due to a cause not attributable to Defendant B.

B. On November 18, 2008, the Plaintiff filed a complaint with the court of first instance against the Defendants on the facts of recognition of Defendant C’s subsequent appeal 1) and the address of Defendant C is “the fact that the Defendant C entered in it,” and the court of first instance on November 21, 2008, including a duplicate of the complaint and a copy of the litigation guide (hereinafter “written complaint”).

Along with the service of B to the above address on December 24, 2008, the execution officer was served to the above address on December 24, 2008, but was not served again due to the addressee's unknown address; on February 2, 2009, the court of first instance served the copy, etc. of the complaint on February 2, 2009; on April 16, 2009, the court of first instance again served the copy, etc. to the above address on April 16, 2009, but was not served due to non-delivery; on May 4, 2009, the court of first instance served the application for change of the cause of claim and the copy of the briefs to the above address on May 8, 2009; on May 22, 2009, the court of first instance served the copy, etc. to the above address on May 22, 2009, but failed to serve it as an unknown person; on June 29, 2009>

유사 판례

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