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(영문) 인천지방법원 2019.10.11 2019나57179
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) The facts under the recognition are apparent in, or obvious to, the record;

1) On January 8, 2018, the Plaintiff received the instant complaint under the Incheon District Court Branch Decision 2018Gaso200378, the Plaintiff received the instant complaint. 2) On January 31, 2018, the said court served a duplicate of the complaint, written guidance, etc. on the Defendant’s resident registration, “Seoul Seongdong-gu C,” which is the Defendant’s domicile. On February 6, 2018, the Defendant directly received the duplicate, etc. of the complaint at the said address.

3) Since April 24, 2018, the above court rendered a ruling to change the date of pleading designated in the instant case to later designate the date of pleading, and to transfer the said case to the Busan District Court Branch Kim Jong-si court, and sent it to the Defendant’s domicile. 4) The Defendant directly received the notification of the change date on April 26, 2018 and the original copy of the transfer ruling on April 27, 2018 from the above address.

5) The first instance court to which the instant case was transferred shall serve a notice of the date for pleading on June 8, 2018 as the Defendant’s domicile, and on June 19, 2018, the notice of the change was served on June 19, 2018, but all the notice of change was not served as a closed door absence. Accordingly, the first instance court sent and sent the notice of change on June 29, 2018, and on August 22, 2018, the first instance court sent and sent the notice of change on August 22, 2018 to the Defendant’s domicile, and the second instance court sent the notice of the date for pleading to the Defendant’s domicile on August 23, 2018, but did not serve as a closed door absence, and on September 29, 2018, the date for pleading was also progress.

7) On September 20, 2018, the first instance court served a written notice on the Defendant’s domicile on October 4, 2018, but did not serve on the Defendant’s domicile due to unknown address, and rendered a judgment in favor of the Plaintiff on October 24, 2018. (8) On October 26, 2018, the first instance court served a certified copy of the judgment on the Defendant’s domicile on October 26, 2018, but did not serve on the Defendant as an unknown address. The said court served on the Defendant on November 6, 2018.

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