logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.06.11 2018나82557
사해행위취소
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, 2018, the court of first instance served a copy of the complaint of this case and the litigation guide on the Defendant’s resident registration card; the mail delivery notice prepared by the mailman at the time was sent to the Defendant’s address; the mail delivery notice was sent to the employer, employee, etc. of the service place; the “L” and the “workplace rent” are written in the column of the recipient’s name; the signature or seal column is written in the signature or seal column; and the “L” is written in the signature or seal column; and the date of delivery is written in the column of the date of delivery. (2) The court of first instance stated “L” in the notice on the date of delivery to the Defendant’s address; (36) the Defendant did not submit a written reply after being served with the copy of the complaint; and (4) the notice was written in the mail delivery column prepared by the mail clerk at the time of service; and (5) the same is written in the mail delivery column other than the mail delivery notice written by the mail clerk at the time.

C. On June 20, 2018, the court of first instance sentenced the Plaintiff to the entire winning judgment, and served the original of the judgment at the Defendant’s domicile. On June 22, 2018, when the service of the original of the judgment was impossible due to the addressee’s unknown whereabouts, the court served the Defendant by means of service by public notice on June 27, 2018, and on July 12, 2018, the service became effective.

On September 21, 2018, the Defendant filed an appeal for the subsequent completion of the judgment of the first instance.

[Reasons for Recognition] Cleared Facts

2. Determination as to the legitimacy of the subsequent appeal of this case

A. The summary of the Defendant’s assertion is that the Defendant did not receive a copy of the complaint related to the instant lawsuit from L, who is an employee in charge of the Defendant, and a notice of the sentencing date, the Defendant could not be aware of the filing of the instant lawsuit and the process thereof. The Defendant must receive a notice of debt settlement around September 11, 2018.

arrow