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(영문) 서울중앙지방법원 2015.10.06 2014나69473
대여금 등
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

We examine the legitimacy of a subsequent appeal.

The plaintiff filed the lawsuit in this case on July 1, 2003 and delivered a duplicate of the complaint to the defendant on July 13, 2003, which was served on July 13, 2003 by the defendant's resident registration, under the Yeonsu-gu Incheon Apartment 106 Dong 601, Nov. 6, 2003; the notice on the date of pleading to the defendant was served on Nov. 20, 2003; and the pleading was terminated because the defendant failed to submit a reply without the defendant's attendance on Nov. 20, 2003; the judgment of the first instance was sentenced on Dec. 4, 2003 and the original copy was served on Dec. 13, 203 to the defendant's domicile; the defendant did not dispute between the parties, or the defendant filed a subsequent appeal on September 1, 2014. Thus, it is reasonable to deem that the defendant failed to observe the period of appeal to the defendant as above.

In regard to this, the defendant alleged that he did not receive a copy of the complaint and the original copy of the judgment because he had resided in a foreign country in the first instance trial and had his domicile in the convenience of his residence. However, according to the evidence No. 2, it is recognized that the defendant entered on December 5, 2003 and resided in the Republic of Korea for one year until December 19, 2004. Thus, it is reasonable to view that the original copy of the judgment delivered on December 13, 2003 was legally received by the defendant.

Therefore, the defendant's argument is without merit.

If so, the defendant's appeal to correct it is unlawful and dismissed.

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