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(영문) 대구지방법원 2019.11.20 2019나4685
손해배상(기)
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 January 2, 2019, the Plaintiff filed the instant lawsuit. On January 7, 2019, the court of first instance served a duplicate of the complaint on the Defendant’s child as the Defendant’s child in Busan-si, the domicile of the Defendant, on the same day. 2) On March 15, 2019, the court of first instance sent the notice of the date of pleading (as of April 24, 2019) to the Defendant on March 15, 2019, but sent it to the Defendant on the same day, which was sent on March 27, 2019, without being served as a closed door.

3) On April 24, 2019, the court of first instance rendered a judgment in favor of the Plaintiff after closing a pleading on the date of pleading, and on April 29, 2019, the court rendered a judgment in favor of the Plaintiff, and on May 9, 2019, sent the original copy of the said judgment to the Defendant, but did not serve due to the absence of closure, and served the said original copy on May 24, 2019 and served on the Defendant at the time of May 24, 2019. 4) The Defendant submitted the instant written appeal for the subsequent completion on July 10, 2019.

[Reasons for Recognition] Clear fact in records, Eul evidence No. 5, the purport of the whole pleadings

B. According to Article 186(1) of the Civil Procedure Act, a document may be delivered to a person on whom service was made at his domicile, residence, business office, or office (Article 183(1) of the Civil Procedure Act) of the person on whom service was made, if the person on whom service was made is not present at a place other than his/her place of service (Article 183(1) of the Civil Procedure Act), as his/her office worker, employee, or cohabitant, who is man of sense (Article 186(1) of the Civil Procedure Act). According to Article 173(1) of the Civil Procedure Act, if the party is unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may complete the subsequent completion of litigation within two weeks from the date such cause ceases to exist. The "reasons not attributable to the party" under the above provision refers to the reason why the party could not comply with the period even though he/she had paid general attention to conduct litigation, and thus, documents of lawsuit cannot be served

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