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(영문) 서울중앙지방법원 2015.12.22 2015나41922
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

We examine the legitimacy of a subsequent appeal.

On November 20, 2013, the Plaintiff filed a payment order with the Seoul Central District Court (Seoul Central District Court 2013Da236580) and served the original copy of the payment order to the Defendant on December 23, 2013. On January 3, 2014, the Defendant filed an objection against the above payment order and served the Defendant as a claim for reimbursement amount of the first instance court (2014 Ghana5106714) with the court of first instance; the Defendant was served with the Plaintiff’s documentary evidence and legal brief from the court of first instance on February 10, 2014 and March 3, 2014; the court of first instance served the Defendant with the delivery of the original copy of the payment order by means of delivery of the date of date of pleading, the date of pronouncement, and the date of closure, etc.; and the fact that the Defendant filed an appeal with the court of first instance on July 11, 2014 by means of delivery of the original copy by public notice from the court.

As above, insofar as the Defendant was served with the original copy of the payment order, Plaintiff’s documentary evidence, and preparatory document, so long as the lawsuit in this case was known, it is obligated to investigate the progress of the lawsuit, and even if the Defendant was unaware of the fact that the original copy of the judgment was served by means of service by publication, it is due to the Defendant’s negligence, and thus, the Defendant’s appeal for subsequent completion of the litigation under Article 173 of the Civil Procedure

Therefore, the defendant's appeal is dismissed.

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