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1. Revocation of the first instance judgment.
2. The Defendant: (a) KRW 787,900,000 for the Plaintiff and its related expenses from July 1, 2012 to February 1, 2018.
Reasons
1. Determination as to whether the judgment of the first instance court as to whether a confession against the defendant is lawful
A. On June 13, 2016, the Plaintiff filed the instant lawsuit. The first instance court served a duplicate of the complaint on the Defendant as “Seoul Mapo-gu F,” but ordered the Plaintiff to rectify the address on June 21, 2016. (2) On July 5, 2016, the Plaintiff revised the Defendant’s representative director G’s domicile, “H, 111 Dong 502, which is the domicile of the Defendant’s representative director G, to the Defendant’s domicile, and filed an application for re-delivery of the copy of the complaint.
3) On July 12, 2016, the first instance court served a duplicate of the complaint with the above changed domicile, but failed to serve the copy as the addressee’s unknown, and on July 18, 2016, ordered the Plaintiff to rectify the address again on July 21, 2016. (4) On July 21, 2016, the Plaintiff revised the “I Apartment-gu Office in Suwon-si, I Apartment-si, 206 Dong 1603, the final domicile on the copy of the above G’s resident registration record card to the Defendant’s domicile, and applied for re-delivery of the copy of the complaint.
5) The first instance court served a duplicate of the complaint on the domicile of the above changed address. On July 25, 2016 and July 26, 2016, the notice of the date for pleading was served to the Defendant on July 28, 2016, and was returned to the Cheongju District Court with general affairs and general affairs belonging to the Cheongju District Court. However, the first instance court erred by misapprehending that the duplicate of the complaint returned to the Defendant on July 28, 2016 was served on the Defendant on July 28, 2016. 6) The first instance court served the notice of the date for pleading on September 7, 2016 with the final domicile on the abstract of the resident registration record card of the above G, but was not served as the closed door door on September 19, 2016, and delivered the notice to the Defendant on September 23, 2016 by the method of the date for pleading, and rendered a confession to the Defendant on October 16, 2016.
【Reason for recognition】 Description of evidence under subparagraph 1, significant facts in this court, pleading.