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(영문) 서울고등법원 2016.05.20 2015나19980
미수금
Text

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. Determination as to the legitimacy of the subsequent appeal of this case

A. Since the Plaintiff asserts that the Defendant’s appeal for the subsequent completion of the instant case is unlawful, the following facts are acknowledged or obvious in light of the overall purport of Gap evidence Nos. 4 through 7, Eul evidence Nos. 3 and 4 and the entire purport of the pleadings.

1) On April 29, 2013, the Plaintiff filed an application against the Defendant for the payment order seeking the payment of the outstanding amount under the Incheon District Court Branch Branch Decision 2013Guj1551, and the said court served the original copy of the payment order on the Defendant’s two-story D House D, the address of the Defendant indicated in the written application for the payment order, but was impossible to serve the original copy of the payment order as “other impossible to serve.” This court revised the Defendant’s address to “Yeocheon-gu, Orcheon-gu E.,” and the said court ordered the Plaintiff to rectify the address when the original copy of the payment order was served to the corrected address, but it was impossible to serve the original copy of the payment order (the copy of the complaint of this case) and the litigation guide as “Ocheon-gu, Seocheon-gu.”

The court of first instance issued an order to correct the address to the plaintiff. Accordingly, the plaintiff filed an application for night service with the defendant's last holder D and 1st floor on the defendant's resident registration by revising the defendant's address to the defendant's last holder D and 1st floor, and the court of first instance served the execution officer with the above address.

On September 26, 2013, the notice of reasons for service was written on September 26, 2013, stating that F, who is the defendant's birth, is a live-in person, and that F, who received the application for the payment order of this case (the copy of the complaint of this case) and the written guidance for litigation.

When the defendant fails to submit a written answer by the deadline for submission of the written answer, the court of first instance shall grant the defendant the written answer.

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