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(영문) 수원지방법원 2019.09.19 2019나1401
손해배상(기)
Text

1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. The following facts are apparent in the records of recognition:

On May 20, 2016, the Plaintiff filed the instant lawsuit, stating his/her address as “J and Kho (hereinafter “instant address”) in the complaint.”

The first instance court served a certified copy of the correction order, the summary dispute settlement document submitted by the defendant as the domicile, and received directly by the plaintiff.

B. In addition, on November 1, 2016, the Plaintiff submitted to the first instance court a written correction of address to the effect that the address is changed to “Yaun-gu L apartment M (hereinafter “instant 2 Address”)”, and the first instance court served a certified copy of the date for pleading, notice of opinion submission, and a certified copy of the order to submit opinions as the above address, and received it directly by the Plaintiff.

C. On December 1, 2016, the Plaintiff again submitted to the first instance court a statement of change of address to the address No. 1 of this case. The first instance court served both a written request for submission of opinions and a written notice of date for pleading to the address above and received the Plaintiff directly.

After that, the Plaintiff appeared directly on the date of first pleading (as of December 6, 2016), the date of second pleading (as of January 24, 2017), and the date of third pleading (as of April 4, 2017), but was absent on the date of fourth pleading opened on May 2, 2017, the first instance court served a notice of the date of fourth pleading on the Plaintiff to the first address of this case. The Plaintiff directly received the notice of the date of fourth pleading (as of May 23, 2017) and was present on the fifth and sixth date of pleading (as of June 20, 2017), and the first instance court notified the Plaintiff of the date of pronouncement as of July 18, 2017.

E. On the above sentencing date, the first instance court rendered a judgment dismissing the Plaintiff’s claim while the Plaintiff and the Defendant were absent, and served the original copy of the judgment to the first address of this case, but became impossible to serve due to the unknown director’s failure, ordered the Plaintiff to serve the original copy of the judgment by public notice on August 3, 2017, and ordered the Plaintiff to serve the original copy of the judgment of the first instance court.

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