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(영문) 대구지방법원 2019.08.28 2019나301546
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 legitimacy of a subsequent appeal

A. The Plaintiffs filed the instant lawsuit on January 10, 2018, and the duplicate of the instant complaint was served on L, the Defendant’s “mother” at the Defendant’s domicile on March 10, 2018. (2) The Defendant did not submit a written reply within 30 days. On April 10, 2018, the court of first instance sent the notice of the sentencing date to the Defendant on April 10, 2018, but sent the notice to the Defendant on the same day.

3) On May 10, 2018, the court of first instance rendered a favorable judgment (non-drawing) against the Plaintiffs on May 10, 2018, and on May 23, 2018, sent the original copy of the said judgment to the Defendant, but was not served due to the absence of closure, on June 1, 2018, and served the said original copy at the time of June 16, 2018, and served the document at the time of June 16, 2018. 4) The Defendant submitted the instant written appeal for the subsequent completion on January 28, 2019.

[Grounds for Recognition] Cleared facts in records

B. The defendant's assertion that the defendant did not receive a duplicate of the complaint of this case from the defendant's mother, and the defendant could not know at all the process of the filing of the lawsuit of this case and the process of the lawsuit of this case. Thus, the defendant's argument that the appeal of this case filed within two weeks from the above date is legitimate appeal since he heard that the judgment of the court of first instance was rendered by the branch of this case through the branch of the court of first instance on January 21, 2019 and became aware of the fact that the lawsuit of this case was pending and the judgment was pronounced.

C. Determination 1) The service is made at the domicile, residence, business office or office of the person receiving the service (Article 183(1) of the Civil Procedure Act). The service is, in principle, delivered to the person receiving the service, or, if the service agency fails to summon the person receiving the service at the aforementioned place, it may be made by means of a supplementary service to be delivered to his office, employee, or cohabitant (Article 186(1) of the same Act).

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