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(영문) 광주지방법원 2015.11.20 2015나7578
청구이의
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

ex officio, we examine whether the appeal for the subsequent completion of this case is legitimate.

Article 173(1) of the Civil Procedure Act, which is a provision on lawful requirements of appeal for subsequent completion, refers to "reasons for which a party is not liable" as stipulated in Article 173(1) of the Civil Procedure Act, refers to the reason why the party could not comply with the period of time even though the party had exercised his duty of care to conduct the procedural acts. In a case where the service of litigation documents during the process of a lawsuit was impossible and the service of documents by public notice was made in an inevitable manner as a result of the impossibility of being served by public notice, the party is obliged to investigate the progress of the lawsuit from the beginning. Thus, if the party fails to comply with the peremptory period due to a failure to investigate the progress of

(1) On December 19, 2014, the Plaintiff filed the instant lawsuit with the Defendant’s address “B, B, B, B, and B, 201” as the Gwangju District Court (hereinafter “Court of First Instance”) on December 19, 2014. The Defendant’s address was “B, B, and B, 201,” and the duplicate of the instant complaint was served by mail on December 26, 2014, and the Defendant did not submit a written response within 30 days even after being served with the duplicate of the instant complaint. The first instance court served the Defendant a notice of the date of pronouncement on the said address, but the Plaintiff was unable to serve due to the absence of closure on February 2, 2015, and served the Defendant with the Defendant’s address on February 26, 2015, on May 25, 2015.

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