logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.06.09 2019나54415
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant, and those resulting from the intervention in the appeal.

Reasons

1. Determination on the legitimacy of a subsequent appeal

A. According to the records of this case, the Plaintiff filed the instant lawsuit against the Defendant on September 19, 2018, and the first instance court, as designated by the Plaintiff, as “Seocheon-si D,” a duplicate of the complaint, a written guidance for litigation, and a written reply.

The fact that the summary table was sent but is not served as an addressee; the plaintiff revised the defendant's address on October 16, 2018 to "Seoul Yongsan-gu E building and F; the first instance court sent a duplicate, etc. of the complaint to the above address corrected by the plaintiff on October 20, 2018 and directly served it at the above address on October 20, 2018; the first instance court sent a notice of the sentencing date to the above address on November 7, 2018 but sent the notice of the above address on November 19, 2018; but the service was sent on November 20, 2018; the first instance court sent the original copy to the defendant on November 28, 2018; the defendant sent the original copy to the defendant's address on November 28, 2018; however, the defendant sent the original copy to the above court on October 20, 2012, which was not served on the defendant's address on the defendant's 216th of the above judgment.

B. (1) According to Article 173(1) of the Civil Procedure Act, in a case where a party was unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may subsequently complete the procedural acts within two weeks from the date on which such cause ceases to exist. "Any cause not attributable to him/her" under the said Article refers to a cause for which the party was unable to comply with the relevant period despite his/her due care to conduct the procedural acts even though he/she had paid due attention to the general obligation to do so. Thus, the document of the lawsuit cannot be served by means of ordinary means during the course of litigation where the duplicate, etc. of the complaint was lawfully

arrow