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(영문) 광주고등법원(전주) 2015.05.21 2014나1442
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. Facts of recognition;

A. On December 7, 2006, the Plaintiff filed a lawsuit against the Defendant (the Defendant opened from D to Q on November 10, 2014), and entered the Defendant’s address in the complaint as “Yansan-gu R, Jeonju-si,” while the court of first instance served a duplicate of the complaint and a written guide for lawsuit to the Defendant’s address, but the Plaintiff was unable to serve due to the addressee’s unknown address.

B. On December 27, 2006, the Plaintiff revised the Defendant’s address as “Seoul-gu S” (hereinafter “instant delivery address”) and the court of first instance issued a special service (on January 5, 2007, a copy of the complaint and a written guidance for lawsuit by enforcement officers (on the night) with the delivery address of this case, but the court of first instance ordered the Plaintiff to rectify the address again when the delivery was impossible due to the addressee’s unknown whereabouts on January 5, 2007, and on the 12th of the same month.

C. On February 9, 2007, the Plaintiff filed an application for special service (on a night basis) in order to verify whether the Defendant had actually resided due to the lack of a change in the Defendant’s delivery address, and the court of first instance issued a special service (on a night time) by a copy of the complaint and a litigation guide officer (on the 15th of the same month, the delivery was impossible due to the addressee’s unknown address, and thus, ordered the Plaintiff to rectify the address again.

On March 8, 2007, the court of first instance filed an application for special service (service on a holiday) to confirm whether the plaintiff actually resides because the plaintiff had no change in the delivery address of this case, and served a copy of the complaint and a written guide of lawsuit on a legal basis (service on a holiday). T (the actual name U) received the same on March 21, 2007 as the defendant's live-in person.

E. The court of first instance served the first written notice of the date of pleading on April 10, 207 with the delivery address of this case. The court received the first written notice of the date of pleading on April 10, 2007 by V (which seems to be a clerical error in the U.S.) and thereafter received it on April 11, 2007. Since the duplicate of the preparatory document and the notice of the date of pleading are not known to the addressee,

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