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(영문) 서울서부지방법원 2016.04.07 2015나5068
대여금
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.The following facts of recognition shall be apparent in the records or significant to this Court:

The plaintiff filed the lawsuit against the defendant in this case seeking the payment of the loan, and stated the defendant's address in the complaint "B, 301 Dong", and the court of first instance served the copy of the complaint as the above address, but it became impossible to serve the defendant due to the absence of the text of the complaint.

B. On January 10, 2015, upon the Plaintiff’s application for special delivery, the enforcement officer affiliated with the Incheon District Court Branch Branch of the Incheon District Court directly served the copy of the complaint against the Defendant on his/her domicile at his/her domicile on or around 14:36, and C (the age of 32 at the time of birth as D) who is the Defendant’s children refused to serve his/her domicile without justifiable grounds, the enforcement officer posted the duplicate of the

C. However, as the Defendant did not submit a written reply one month after the lapse of one month, the first instance court served a notice of the sentencing date as the address at the address at the same time and served the notice as the addressee was impossible to serve due to the addressee’s unknown address, on March 12, 2015, served the notice by means of delivery by registered mail on March 12, 2015, and on March 27, 2015, the court rendered a judgment in favor of the Plaintiff in the absence of the Defendant around 10:00.

In the event that a mailman tried to serve the original copy of the judgment six times between April 1, 2015 and April 17, 2015, but in the end, it is impossible to serve the original copy due to the absence of a closed text, the presiding judge of the first instance court ordered the defendant to serve the original copy of the judgment by service, and on April 23, 2015, the original copy of the judgment was posted on the homepage of the Supreme Court.

5. 8. The service took effect on September 15, 2015, and the Defendant filed an appeal for subsequent completion.

2. We examine ex officio whether the subsequent appeal of this case is legitimate, as to the legitimacy of the subsequent appeal of this case.

A. Article 186(1) of the Civil Procedure Act provides a service of a copy of the complaint of this case at the place of service other than the place of service.

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