logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.10.15 2019나1337
대여금
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. Determination on the legitimacy of a subsequent appeal

A. The court of first instance on the Defendant’s assertion served the original copy of the judgment on the Defendant with the Defendant’s workplace, but there were many cases where the Defendant was able to serve the said workplace on the part of the Defendant while serving as a married person, and thus, it became impossible to serve the original copy of the judgment on the part of the Defendant due to the absence of closure. The court below promptly served the original copy of the judgment by public notice without re-service, and thereafter filed an appeal for subsequent completion with the knowledge of the judgment of the first instance court that

B. According to the records of this case, the following facts are recognized.

1) On April 19, 2018, the Defendant’s wife C is D Apartment and E (hereinafter “instant address”).

(2) On May 3, 2018, the Defendant served a certified copy of the decision on performance recommendation of this case with respect to the Defendant, and the Defendant appeared at the first day of pleading of the first instance trial after being served with the notice on the date of pleading of the first instance trial at the address of this case. (2) The Defendant’s ASEAN served the second day of pleading on July 27, 2018 on the address of this case, and the Defendant appeared at the second day of pleading of the first instance trial.

3) The Defendant was present at the third date for pleading, and was not present at the fourth date for pleading from the presiding judge of the first instance court. The presiding judge of the first instance court concluded the pleading on the fourth date for pleading, and sentenced the first instance judgment in favor of the Plaintiff immediately. 4) The court of first instance served the original copy of the first instance judgment against the Defendant to the address of this case, but it was impossible to serve the original copy of the first instance judgment on January 10, 2019, by serving the original copy of the first instance judgment against the Defendant on the date for pleading.

5 The defendant submitted a written appeal to the court of first instance on February 16, 2019, which was 14 days after the lapse of 14 days from the defendant.

C. If the original copy of the judgment of the court of first instance was served on the defendant by means of service by public notice, the defendant's address is false or incomplete.

Even if the service is valid.

arrow