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(영문) 서울중앙지방법원 2016.08.17 2016나5220
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Disposition by the court of first instance (1).

Reasons

1. Whether the subsequent appeal of this case is lawful

(a) The following facts are known in the records or are obvious to this court:

(1) The Plaintiff submitted the instant complaint with D as the Defendant on December 2, 2014, on the ground that D had already died, and submitted a written application for correction of the indication of the party against Defendant A, Defendant B, and C, the spouse of D, and the written application for modification of the purport and cause of the claim. On December 10, 2014, the copy of the written application for correction of the indication of the party, the written application for correction of the indication of the party, and the written application for modification of the purport and cause of the claim were served as the Defendant and the other Defendants’ family members living together.

(2) On July 14, 2015, the court of first instance, upon the Defendants’ failure to submit a written reply, sent the notice of the date of sentencing to the said address, which was designated as the date of sentencing, and sent the notice of the date of sentencing to the said address, but became impossible to serve due to the addressee’s unknown address or director’s unknown, and sent the notice to Defendant B and C on June 12, 2015, respectively to Defendant A on June 17, 2015, and sent the following day.

(3) On July 14, 2015, the court of first instance rendered a judgment in favor of the Plaintiff in the absence of the Defendants’ attendance. When the original copy of the said judgment was not served on the same address as the addressee or director’s unknown, the said original copy was served on the Defendants by public notice on August 28, 2015, and became effective as of September 12, 2015.

(4) On January 6, 2016, the Defendants submitted the instant written appeal for the subsequent completion.

B. The Defendants asserted that they were not served with the notice of the above sentencing date and the authentic copy of the judgment by moving their place of residence to F, B, Dong 404 in the above address on March 17, 2015, and that they were aware of the fact that the said judgment was rendered on January 5, 2016, which was after being served with the notice of the decision of the case for specification of the property at Incheon District Court Branch Office No. 2015Kao10822, which was filed by the Plaintiff. Thus, the Defendants raised within 14 days therefrom.

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