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(영문) 수원지방법원 2018.02.08 2016나21299
추심금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.

Reasons

1. Determination on the legitimacy of a subsequent appeal

A. As a matter of principle, service by delivery of documents to the person to be served on the person in question at his domicile, residence, business office or office of the person to be served (Articles 178(1) and 183(1) of the Civil Procedure Act), or by supplementary service, if the service agency fails to retain the person to receive the service at the above place, such service may be made by supplementary service, as his/her clerk, employee, or cohabitant, which is delivered to the person with intelligence to make reasonable judgment.

(Article 186(1)(b) of the same Act.

In this case, on August 26, 2015, the first instance court sent a copy, etc. of the complaint of this case to 3 Dong Do Da Da Da Da 3 (hereinafter "the domicile of this case") at the time the plaintiff entered in the complaint on August 26, 2015 (hereinafter "the domicile of this case"), and on August 31, 2015, C received it as 'Dong Do 'Dong'. ② The first instance court attempted to serve the correction of the plaintiff on September 7, 2015, but was not served as a closed door absence, and thereafter sent the notification to the defendant as the above address, but this was not served on October 21, 2015, on the ground that the defendant did not submit a written response, and ③ the first instance court sent a certified copy of the judgment to the defendant on October 27, 2015, and the defendant sent it to the court of first instance as 15th trial on October 27, 2015 (the above judgment).

(c)not less than 5 to 9 evidence B, however, contain numbers, hereinafter the same shall apply).

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