logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.07.09 2019나118379
용역비
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. On December 4, 2017, the Plaintiff filed an application against the Defendant for a payment order against the Daejeon District Court’s order to pay the service charges of KRW 18,767,90,00, the service charges of KRW 18,767,90, and damages for delay thereof, as the Seoul District Court’s official order 2017Da6888. The said court issued the payment order in accordance with the above application, but the original copy of the payment order was not served on the Defendant due to the absence of closure. (ii) The Plaintiff was ordered to correct the Defendant’s address from the said court on December 15, 2017, and filed an application for a correction of the address from the said court on January 9, 2018. Accordingly, the instant application for the payment order was implemented as the litigation procedure, and thus, the Daejeon District Court’s official branch of the Daejeon District Court’s 2018Da20122.

3) Although the court of first instance conducted the service of the copy, etc. of the instant complaint (payment order) upon the Defendant’s domicile, the court of first instance did not eventually serve the Defendant. 4) Accordingly, the court of first instance served the Defendant with litigation documents, such as the copy of the instant complaint and the notice of the date for pleading, by public notice, and proceeded with pleadings. On July 10, 2018, the court rendered a judgment of the first instance which fully accepted the Plaintiff’s claim against the Defendant, and served the original copy by public notice.

5) On August 2, 2018, the Plaintiff filed an application against the Defendant for the specification of the property with the title of the first instance judgment as the vice-branch of the Daegu District Court Decision 2018KaKao5666, and the said court rendered a decision to specify the property on August 8, 2018. 6) The Defendant served a certified copy of the said decision on August 13, 2018, and filed an objection as the vice-branch of the Daegu District Court Decision 2018Kao675 on September 17, 2018.

However, the defendant did not appear on the hearing date of the above case, and the above court decided to dismiss the above objection on November 28, 2018.

7 The Plaintiff concluded the instant service contract with the Plaintiff without intent or ability to pay the service cost from the beginning on December 2018.

arrow