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(영문) 서울동부지방법원 2020.10.14 2019나960 (1)
손해배상(기)
Text

The part against the defendant in the judgment of the first instance shall be revoked.

The plaintiff's primary claim against the defendant is dismissed.

(e).

Reasons

On April 10, 2014, the Plaintiff filed the instant lawsuit against the Defendant and the co-defendant C (hereinafter “C”) of the first instance court (hereinafter “C”) on April 10, 2014, and stated the Defendant’s address in the written complaint as “Geo-si L Apartment and M.”

The first instance court served a copy, etc. of the complaint on the defendant's domicile entered in the complaint, but ordered the plaintiff to correct the address when the plaintiff was unable to serve due to reasons such as the closure of the complaint and the absence of the recipient. Accordingly, the plaintiff submitted a written correction of address to the N in Kimhae-si, and the first instance court served a copy, etc. of the complaint to the above changed address, and on September 1, 2014, the "Office P" received the copy, etc. of the complaint against the defendant at the above address.

On October 28, 2014, the first instance court served a notice of the sentencing date on the defendant who did not submit a written answer within one month, and on October 28, 2014, the "Office Q" received the notice of the sentencing date to the defendant.

On November 18, 2014, when the Plaintiff and the Defendant were absent, the first instance court sentenced the Plaintiff’s winning judgment without holding any pleadings, and served the original copy of the judgment as the same address, and on November 21, 2014, the “Office P” received it.

On March 25, 2019, the defendant filed an appeal to the court of first instance against the judgment.

In principle, the relevant legal service is in principle delivered to the person who will receive the service at his/her domicile, residence, place of business or office.

(1) Article 178(1) of the Civil Procedure Act and Article 183(1) main text of the same Act: Provided, That if the service agency is unable to keep the person to receive the service at the above place, the service may be made by delivering the document to the person with an intelligence to make reasonable judgment, such as the person living together with the offender (Article 186(1) of the Civil Procedure Act).

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