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(영문) 대구지방법원 2019.01.16 2018나313429
부당이득금
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. The following facts are clearly recorded:

On September 2, 2017, the Plaintiff filed the instant lawsuit against the Defendant.

B. The court of the first instance entered the copy of the complaint of this case and the litigation guide of this case, etc. as the place where the defendant's resident registration was made from September 30, 2014 to July 27, 2017, and the defendant entered the same place in his/her address even in the subsequent supplement of the petition of appeal.

On September 25, 2017, the defendant's spouse F was served with each of the above documents by sending them to the court.

(c) The court of the first instance is above B.

On November 6, 2017, notice of the date of pronouncement of pleadings sent to the address indicated in the port was treated as being impossible to be served due to the addressee’s unknown whereabouts, but on November 7, 2017, the following day, the Defendant sent the notice to the court of first instance.

A written reply shall be drawn up to his address and submitted to that address.

The court of first instance shall notify the defendant.

A notice of the date of pleading on November 8, 2017 to the address indicated in the port was sent, but it was impossible to serve the notice on November 13, 2017 due to an addressee’s unknown address. On November 13, 2017, the Plaintiff served a duplicate of the legal brief on November 13, 2017, but it was impossible to serve the notice on the date of pleading and the notice on the date of pronouncement on November 20, 2017, by means of delivery.

E. On June 5, 2018, the court of first instance rendered a judgment citing the Plaintiff’s claim. On July 10, 2018, the judgment of the first instance became final and conclusive on July 24, 2018 by serving to the Defendant by means of service by public notice.

F. On August 21, 2018, the Defendant filed an appeal for subsequent completion.

2. Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty within two weeks from the date on which such cause ceases to exist.” In this context, “reasons for which the party is not liable” refers to the litigation by the party.

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