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(영문) 부산지방법원 2020.02.13 2018나5932
구상금
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. Determination on the legality of the subsequent appeal

A. The following facts are recognized by this Court or by the purport of the entire pleadings:

On February 5, 2018, the court of the first instance served a copy, etc. of the complaint against the defendant on February 5, 2018 on the domicile of "Boo-gu D Buildings and E" but for the same month.

2.9. Abandonent failure to be served.

The court of first instance served a copy, etc. of the complaint at the domicile of the defendant (F apartment and G in Busan Northern-gu) corrected by the plaintiff according to the correction order, and received the above documents directly by mail on March 7, 2018.

2) After that, the court of first instance served a notice of the date of pleading designated as the date of pleading as of September 12, 2018 with respect to the defendant at the address as above as of September 12, 2018, and served the said document by means of delivery as of August 14, 2018, which was ordered to be served as of August 14, 2018. 3) The court of first instance rendered a judgment of the first instance on September 12, 2016 by opening the date of pleading when the defendant was absent on September 12, 2016. On September 14, 2018, the original copy of the judgment was served as the Defendant’s address but is not served as a closed door, but as of September 28, 2018, and was served as the above certified copy on October 13, 2018.

4) On October 1, 2018, the Defendant submitted the instant written appeal for the subsequent completion of the trial from October 13, 2018 to two weeks from October 13, 2018, the delivery date of the judgment of the first instance court. (b) Specific determination 1) The term “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the grounds for failing to comply with the period despite the party’s due diligence to perform procedural acts. In the event a document of lawsuit is unable to be served by means of public notice because it is ordinarily in the course of the lawsuit and served by public notice, the case is different from the case where the first lawsuit was proceeded by public notice from the delivery of the copy of the complaint.

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