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(영문) 서울고등법원 2019.08.27 2018나2058722
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

The following facts are clear in the records or acknowledged by the purport of the whole pleadings, on the basis of the judgment on the legitimacy of the defendant's appeal to complete the appeal.

The court of the first instance served the copy of the complaint in this case to "Sacheon-gu Q, Chungcheongnam-gu, Seoul, the domicile of the representative director F on the defendant's representative director's resident registration, and R was served on March 14, 2016 as a "workplace club fee".

On April 19, 2016 and April 27, 2016, and on the 29th of the same month, the court of first instance served a notice of the date of pronouncement on each of the above addresses, but it is impossible to serve the notice due to the absence of closure or the addressee's unknown, the court served a notice of the date of pronouncement by the method of delivery, and rendered a judgment of non-litigation in favor of the plaintiff on May 19, 2016 in accordance with Article 2

On May 19, 2016, the court of first instance served the original copy of the judgment of the court of first instance to the defendant at his/her domicile, but it was impossible to serve the defendant due to the addressee's unknown address, and served the original copy of the judgment of the court of first instance by means of service by public notice.

On September 7, 2018, the defendant confirmed the original copy and the service report of the judgment of the first instance court, and submitted a written appeal to the court of first instance on September 18, 2018.

Judgment

When a person to be served has not been present at a place of service other than his/her place of service, documents may be served by delivering documents to his/her clerk, employee, or inmate with intelligence to change his/her interest.

(1) Article 186(1) of the Civil Procedure Act provides that “offices and employees shall not necessarily have an employment relationship with the recipient of service, but shall assist the person in the work for his/her reputation, etc. (see, e.g., Supreme Court Decision 2010Da48455, Oct. 14, 2010); and “a person living together” refers to a person who belongs to the same household as the person to receive service and lives together with the same household as the person to receive service.

(see, e.g., Supreme Court Order 2000Ma5732, Oct. 28, 2000). Moreover, the main text of Article 173(1) of the Civil Procedure Act is due to any cause not attributable to the party.

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