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(영문) 서울남부지방법원 2019.10.24 2019나51176
대여금
Text

1. The appeal of this case shall be dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Whether a subsequent appeal is lawful;

A. The following facts are recognized by the records of this case or are significant in this court:

1) On June 4, 2018, the Plaintiff filed a lawsuit against the Defendant seeking the payment of a loan. 2) The first instance court served the Defendant’s resident registration address “Seoul Geumcheon-gu G” with a duplicate of the instant complaint. On July 6, 2018, H, a female female son of the Defendant, was served with a duplicate of the instant complaint as the Defendant’s cohabitant.

3) The Defendant did not submit a written reply within 30 days. On August 6, 2018, the court of first instance served a written notice of the sentencing date on the Defendant on August 16, 2018, but did not serve the notice of the sentencing date on August 16, 2018, and served the notice of the sentencing date on the following day. (4) The court of first instance sentenced the Plaintiff to the judgment in favor of the Defendant on August 31, 2018, when the Defendant was absent, and served the original of the judgment on September 18, 2018, when the original of the judgment was served to the Defendant, but was not served due to an unknown address, served the original of the judgment by public notice on September 18, 2018, and served on October 30, 2018.

5) On December 7, 2018, the Defendant submitted the instant written appeal for the subsequent completion on December 7, 2018. (b) The service was based on the person’s domicile, residence, or business office.

(Article 183(1) of the Civil Procedure Act. The service of documents may, in principle, be made by delivery to the person to receive the service, or, if the service institution fails to retain the person to receive the service at the same place as above, by means of a supplementary service of documents to his/her clerk, employee, or cohabitant, who is man of sense, as his/her employee.

(Article 186(1) of the same Act. If a supplementary service is made, the service shall take effect when the clerk, employee, cohabitant, etc. is delivered with the litigation document, and whether the person receiving the service has finally received the document, or the time of service is related to the validity of the service.

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