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(영문) 수원지방법원 2017.08.11 2016나8975
용역비
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 April 17, 2015, the Plaintiff filed the instant lawsuit claiming payment of the above money and damages for delay against the Defendant, asserting that the Defendant had a claim for service costs of KRW 7,969,600.

B. On May 21, 2015, C, the Defendant’s child, received the duplicate of the instant complaint served by mail as the Defendant’s domicile D, 103 Dong 1604, and thereafter, E, the Defendant’s spouse, as the Defendant’s legal representative, submitted a written answer to the court of first instance on June 1, 2015, as the Defendant’s legal representative.

C. On June 23, 2015, the court of first instance set the conciliation date as July 16, 2015 and served the Defendant a notice of the conciliation date to his/her domicile, but did not serve the notice due to the absence of a closed door.

After that, E, the defendant's spouse, was notified of the above mediation date on the wire, was present at the mediation date designated on July 16, 2015 and the mediation date was proceeded, but the mediation was not completed.

E. On July 24, 2015, the court of first instance served a certified copy of the record of non-resolution of conciliation on the Defendant’s domicile as the Defendant’s domicile, and the F, a Defendant’s child, received as a co-incompetent.

F. On July 28, 2015, the court of first instance: (a) designated the date for pleading and served a notice on the date for pleading on which the notice was sent to the Defendant on the said domicile by mail; (b) served the notice on October 15, 2015 on the date for pleading on which the notice was not served due to the absence of documents; (c) served on October 16, 2015 due to the absence of documents, which was not served by mail; and (d) served on November 2, 2015, the certified copy of the judgment on November 2, 2015 on the said date for pleading was served by public notice.

G. Meanwhile, on May 25, 2016, the Defendant received the original copy of the judgment of the first instance court from the court of first instance, and filed an appeal to the court of first instance on the same day.

[Reasons for Recognition] Unsatisfy, Entry of Evidence No. 6, the purport of the whole pleadings

2. ex officio determination as to whether the appeal of this case was lawful.

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