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(영문) 인천지방법원 2016.10.28 2016나1786
추심금
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:

The Plaintiff filed the instant lawsuit against the Defendant seeking the payment of the collection amount, and stated the Defendant’s address in the complaint “Seoul-si, Nowon-gu, Seoul-gu, 1015 Dong 1402,” and the court of first instance served a copy of the complaint as the address, but it was impossible to serve the Defendant due to the absence of a closed text.

B. On September 22, 2015, upon the Plaintiff’s application for special delivery, the court inspector affiliated with the Incheon District Court Branch Branch Branch of the Incheon District Court sent a copy of the complaint against the Defendant directly to the address at his/her address on September 19:13, 2015, on the grounds that “the Defendant appears to have referred the Defendant’s children to the children of the second grade who are elementary schools and their children under his/her age to the children of the second grade, and their husband (D) directly delivered to the Defendant “the Plaintiff’s husband (D)”, and the execution officer posted a copy of the complaint to the present address at the above address.

C. However, as the Defendant did not submit a written reply one month after the lapse of the period, the court of first instance rendered a judgment in favor of the Plaintiff on November 9, 2015, when it was impossible to serve a notice of the sentencing date as the address and as a closed door, by means of a delivery by registered mail on November 9, 2015, and the court rendered a judgment in favor of the Plaintiff on November 13, 2015, when the Defendant was absent.

The mailman attempted to serve the original copy of the judgment three times between November 20, 2015 and January 24, 2015, but the service of the original copy of the judgment was eventually impossible due to the absence of closure, the presiding judge of the first instance court ordered the defendant to serve the service of the original copy of the judgment on November 24, 2015, by serving the original copy of the judgment on the Supreme Court website, and became effective as of December 9, 2015. The defendant filed an appeal for subsequent completion of the judgment on January 21, 2016.

2. Determination as to the legitimacy of the subsequent appeal of this case

A. Service of a duplicate of the complaint of this case

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