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(영문) 대구지방법원 2019.07.11 2018나7250
공사대금
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. The following facts are recognized by the records of the instant case or significant facts in this Court:

1) On October 27, 2017, the Plaintiff filed an application against the Defendant for a payment order seeking the payment of the same construction cost as stated in the purport of the claim with the Daegu District Court Branch Branch Branch Branch Office 2017 tea1728. On January 9, 2018, the said court served a notice of the Defendant’s domicile “to North-gu C building and D, at the port of port,” and the Defendant was served with the original copy of the payment order and the notice of demand on January 12, 2018. The Defendant filed a written objection against the above payment order on January 15, 2018. The instant payment order was carried out as the litigation procedure under the Daegu District Court Branch Branch Branch Office 2018Da2310, the first instance court served the Defendant on March 5, 2018 by the method of delivery of the Defendant’s notice of the date of pleading at the domicile of the said director, but is not served as the Defendant’s director known.

On April 11, 2018, the court of the first instance sent the notice of the first date for pleading to the Defendant on April 16, 2018, when the Defendant was absent, and served the notice of the second date for pleading to the Defendant’s domicile, and also served the notice of the second date for pleading to the Defendant’s domicile.

3. On May 2, 2018, the second date for pleading, the court of first instance, in which the defendant was absent on May 2, 2018, closed the pleading of the instant case, and designated and notified the date of pronouncement on May 9, 2018. On the same day, the court served the defendant a notice of pronouncement on the defendant's domicile, but did not serve the notice on the defendant as a director's address, but declared a judgment citing the plaintiff's claim on May 9, 2018 without serving the notice separately by means of delivery, etc.

On May 23, 2018, the court of first instance served the original copy of the judgment on the defendant as the domicile of the defendant, but was not served on the defendant as a director's unknown address, and served the original copy by public notice on the defendant by public notice.

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