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(영문) 서울고등법원 2017.11.15 2017나2019324
손해배상(기)
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

The facts under the recognition of the judgment on the legitimacy of the subsequent appeal are obvious in the records or are significant in this court.

On October 8, 2015, the Plaintiff filed the instant lawsuit against the Defendant. The court of first instance served a duplicate of the complaint on the Defendant’s corporate registry stated in the instant complaint on the Defendant’s registry, but did not serve the complaint due to the director’s unknown, and served again to “Seoul Mapo-gu M, which is the domicile of the Defendant representative director L,” which is the domicile of the Defendant representative director L, and the service report received a duplicate of the complaint on November 12, 2015.

As the defendant did not submit a written reply even after receiving a duplicate of the complaint as above, the court of first instance served a notice of the sentencing date (non-drawing) on the defendant to "Seoul Mapo-gu M". When it is impossible to serve the notice due to the addressee's unknown, it served the notice by means of registered mail.

After that, the plaintiff submitted a written application for change of cause of claim and a written brief, the court of first instance sent each of the above written documents and a written notice for change of date to the same address in sequence, and served all of them by means of delivery by registered mail as the recipient is not known.

On February 18, 2016, the court of the first instance sentenced the judgment accepting the plaintiff's claim by applying Article 208 (3) 1 of the Civil Procedure Act, and then sent the original copy to the above address, but it was impossible to serve the original copy due to the addressee's unknown address

Accordingly, on March 11, 2016, the court of first instance served the defendant with the original copy of the judgment by public notice, and on March 26, 2016, the service became effective.

After being issued a certified copy of the judgment of the first instance court on February 15, 2017, the Defendant submitted a certified copy of the judgment to the court of first instance on March 3, 2017.

The duplicate of the complaint served on the defendant by the court of first instance shall be limited to the defendant representative director as stated in the service report.

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