logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.02.08 2017나3210
약정금
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 legality of the subsequent appeal

(a) The following facts are apparent in the record:

1) On November 4, 2013, the Plaintiff filed the instant lawsuit against the Defendant. The court of first instance served a copy, etc. of the instant complaint on the Defendant’s resident registration, “Yung-si G,” which is the Defendant’s domicile, on December 29, 2013, and received the instant complaint as a live-in partner who is the Defendant’s father on December 29, 2013. (2) As the Defendant did not submit a written reply by the deadline for submission of the written reply, the court of first instance served the notice of the sentencing date on the said domicile. On February 16, 2014, the Defendant’s mother, as a live-in partner, received it.

3) On March 6, 2014, the court of first instance sentenced the judgment to the court of first instance, and served the original copy to the above domicile. On March 12, 2014, the above I received the original copy as a co-resident on December 2, 2013, which was after the filing of the lawsuit in the first instance, the Defendant left the Republic of Korea on December 2, 2013, which was after the filing of the lawsuit in the first instance, and thereafter the Defendant’s Ha entered the Republic of Korea on January 19, 2014, and again entered the Republic of Korea on February 16, 2014, which was after the Defendant’s mother first instance court’s receipt of the original copy of the judgment, and filed an appeal to complete the instant case on July 14, 2017.

B. The defendant's argument that the defendant's defendant's Ha had a brain disease disorder since he was aged 75 years old, and even I did not understand the meaning of the document of lawsuit as a person without academic background who did not graduate from an elementary school even after he was aged 70 years old. The defendant was staying in a foreign country at the time when the document of lawsuit, such as a duplicate of the complaint, etc. was served, and thus, the defendant was not aware of the fact that the lawsuit of this case was filed. On July 11, 2017, the defendant's notice that the passbook was seized was confirmed on July 13, 201 and became aware of the fact of the judgment of the court of first instance. The appeal of this case filed within two weeks thereafter is legitimate.

(c) a document to be served on a person living together with the person to be served with the judgment shall be served with the person living together with his/her opinion.

arrow