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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The judgment of the first instance court on the legitimacy of the subsequent appeal was affirmed as of September 27, 2014, and the Defendant submitted the instant final appeal on December 22, 2014, and thus, first, the Defendant’s subsequent appeal or final appeal was lawful.
(a)The following facts of recognition may be recognized in accordance with the records, the entries of evidence Nos. 1, 2, and 4 (if any, including each number; hereinafter the same shall apply), the findings of fact inquiries into Korea Post by the court of the first instance, and the purport of the whole pleadings, which are apparent in the records:
1) On June 20, 2013, the Defendant filed a foreigner registration with Chinese nationality residing in the Republic of Korea, and reported his/her domestic residence as “Yansan-si, Ma, 301,” but changed his/her domestic residence on May 8, 2014 to “Seoul Gangseo-gu, E, 902.” The instant lawsuit was brought on July 2, 2014. The Defendant’s address was stated in the instant complaint as “Yan-gu, Ma, 301, the Defendant’s previous domicile in the Republic of Korea.”
On July 15, 2014, the court of the first instance served the copy of the complaint of this case and the litigation guide on the above address, and the F received documents from the defendant in his/her capacity.
3) As the court of first instance did not submit any answer, the court served a notice of the sentencing date (a notice without pleading was served on the same address, and on August 12, 2014, F was served on the Defendant’s status as a steering gear.
On August 29, 2014, the court of first instance sentenced the plaintiff's winning judgment on August 29, 2014, and served the original copy of the judgment with the same address. Unlike the service before F on September 4, 2014, the document was delivered in the capacity of the defendant's sibling.
(b) The service of judgment shall be made at the domicile, residence, place of business or office of the person to be served, and, when such place is unknown or a service cannot be made at such place, service shall be made at the place of service where the recipient of service is employed by an employment delegation or other legal act.