logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.11.24 2014나52379
지체상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. Records clearly recorded;

A. On December 23, 2013, upon the Plaintiff’s filing of the instant lawsuit, the court of the first instance served a duplicate of the instant complaint on December 23, 2013 on the part of the Defendant’s domicile, and C received it on December 26, 2013.

B. The Defendant failed to submit a written reply disputing the Plaintiff’s claim within 30 days from the date on which the duplicate of the complaint of this case was served, which was served on March 4, 2014 by the court of first instance, served a notice of the sentencing date on the Defendant’s domicile, and D received the notice on March 6, 2014.

C. The court of first instance may render a judgment without holding any pleadings on March 19, 2014, by deeming that the Defendant failed to submit a written answer under Article 256(1) of the Civil Procedure Act (a).

Provided, That this shall not apply where an ex officio investigation is conducted or where the defendant submits a written answer disputing the plaintiff's claim by the ruling.

The judgment of accepting the plaintiff's claim without pleading was rendered, and on March 21, 2014, the original copy of the judgment was served on the defendant's domicile, and E received it on March 25, 2014.

The defendant submitted a written appeal to the court of first instance on October 14, 2014 when the period of appeal of two weeks elapsed from the date of service of the original copy of the judgment.

2. Determination on the legitimacy of the appeal

A. The original copy of the defendant's argument of this case, notice of the date of sentencing, and original copy of the judgment of the court of first instance are only delivered to FF employees of the defendant representative director who is the person receiving the service and is not entitled to receive the above documents, and such service is unlawful. Thus, the defendant's appeal is lawful since it is not filed after the period of appeal.

B. Determination 1) Article 186(1) of the Civil Procedure Act (Supplementary service, custody service, 1. A person who is served at a place other than the place of service.

arrow