(영문) 인천지방법원 2018.01.11 2017나7989 | 리걸엔진

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(영문) 인천지방법원 2018.01.11 2017나7989

용역비

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 of recognition shall be apparent in the records or significant to this Court:

On October 7, 2016, the Plaintiff filed the instant lawsuit against the Defendant. On October 14, 2016, the Defendant received copies of the instant complaint directly from the Defendant’s domicile (Seoul-gu F, 3 Dong 202).

B. The Defendant did not submit a written reply, etc. within one month after being served with the duplicate of the instant complaint. Accordingly, the court of first instance served the Defendant with a notice of the date of sentencing as the Defendant’s domicile. However, on November 25, 2016, the said notice was sent and sent on December 1, 2016 and sent and sent the notice.

C. On December 14, 2016, the court of first instance rendered a ruling accepting the Plaintiff’s claim. On December 15, 2016, the original copy of the judgment of the first instance was served to the Defendant as the Defendant’s domicile, but is not served as a closed door, and on December 28, 2016, the said original copy was served by public notice, and the service took effect on January 12, 2017.

On July 18, 2017, the Defendant filed an appeal for subsequent completion.

2. Article 173(1) of the Civil Procedure Act of the judgment on the plaintiff's main defense refers to "reasons for which the party cannot be held liable" refers to the grounds why the party could not comply with the period despite the party's due care to conduct the procedural acts. In a case where the documents of lawsuit cannot be served in a usual way during the process of the lawsuit and served by public notice, the documents of lawsuit cannot be served in a way of service by public notice, the first delivery of a copy of the complaint to the party is different from the case where the lawsuit was served by public notice from the first delivery of a copy of the complaint to the case where the party was unable to investigate the progress of the lawsuit, and thus, if the party fails to abide by

Supreme Court Decision 2012Da44730 Decided October 11, 2012

참조조문

-민사소송법 제173조 제1항

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