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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. In principle, service by delivery, as a matter of principle, of the person to be served on the person to whom service is to be made, at the domicile, residence, business office or office of the person to be served (Articles 178(1) and 183(1) of the Civil Procedure Act), may be served by delivering documents to his/her office worker, employee, or cohabitant, if the person to be served on the person to be served on the person to be served on the person to be served on the person to be served on the person to be served on the person to be
(Article 186(1) of the Civil Procedure Act. The term "shared person" refers to a person who actually belongs to the same household as the person to be served and lives together with the person to be served.
(See Supreme Court Decision 2016Da215356 Decided July 7, 2016, and Supreme Court Decision 2000Ma5732 Decided October 28, 200). On August 29, 2018, the court of first instance sent a copy of the complaint against the Defendant to the “Seoul Dongdaemun-gu C” (hereinafter “instant domicile”) and received the written notice to the Defendant’s mother as a cohabitant on September 2, 2018. The court of first instance sent the written notice to the instant domicile on December 7, 2018 but was not sent as a closed door door: (a) sent on January 3, 2019 and sent the written notice to the Defendant on January 4, 2019; (b) delivered the written notice to the Defendant on January 29, 2019; and (c) delivered the original copy to the Defendant on January 19, 2019, without being sent to the Defendant on October 19, 2019.
However, comprehensively taking account of the results of the fact-finding inquiry inquiry conducted by the Seoul Southern District Court about the foreigner's immigration office at the Seoul Southern District Court, the Defendant filed a move-in report on November 11, 2016 on the domicile of the instant case, but the Defendant left the Republic of Korea on November 18, 2017 and entered the Republic of Korea on March 18, 2018; and entered the Republic of Korea on March 19, 2018; and entered the Republic of Korea on August 1, 2018.