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1. Revocation of the first instance judgment.
2. The plaintiff's primary claim and conjunctive claim are all dismissed.
3. The plaintiff.
Reasons
1. The judgment of the court of first instance, which determined the legitimacy of a subsequent appeal or a final appeal, was dealt with as of September 17, 2013, and the Defendant submitted the instant subsequent appeal on November 1, 2013, and first, examined the Defendant’s subsequent appeal or the legality of the appeal.
A. On April 26, 2013, the Plaintiff received the instant complaint to the court of first instance, and on May 16, 2013, the court rendered a judgment of the first instance to the effect that H, the Defendant’s wife, “I,” a restaurant operating in the name of “I,” served a duplicate of the complaint and a written guidance of lawsuit, and H received the duplicate of the instant complaint, etc. after H received the Defendant’s reply. 2) As such, the court of first instance sent the notice of the sentencing date to the said place on August 9, 2013, and received it on August 16, 2013, and the first instance court rendered a judgment to the effect that H “the Plaintiff winning the Plaintiff’s lawsuit” was “the Plaintiff winning the Plaintiff’s lawsuit without holding a pleading on August 28, 2013.”
3) On August 30, 2013, the court of first instance served the original copy of the judgment of the first instance on the same place. On September 2, 2013, K, an employee of the restaurant operating H, received it on September 2, 2013. The fact that there was no dispute over the grounds for recognition, the fact that there was no dispute over the said court, the entry of evidence No. 14, the testimony of the witness of the party instance, and the purport of
B. Article 183(1) of the Civil Procedure Act provides, “The service shall be made at the domicile, temporary domicile, domicile, business office, address, etc. of the person to be served (hereinafter “the address, etc.”). Article 183(2) of the same Act provides, “If the person to be served is not aware of the address, etc., or is unable to be served at that place, the service may be made at another person’s address, etc., where the person to be served is employed by employment delegation or other legal act (hereinafter “work place”).” Article 186(1) of the same Act provides, “If the person to be served was not present at a place where service is to be made at a place other than the work place,