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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The following facts are found to be significant in this court or to the purport of the entire pleadings.
A. On August 28, 2018, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) against the portion of “the amount until it reaches KRW 23,077,216 (the Defendant, respectively, KRW 11,583,608) out of the construction price claims that D would have received from the Defendants under the construction contract, such as the Mad Family Construction Corporation, in the Mad Family Construction Corporation, etc. (hereinafter “instant collection order”).
The collection order of this case was delivered to Defendant B on September 4, 2018, and Defendant C on September 3, 2018, respectively, by designating the service place against the Defendants as “Slified E” and became final and conclusive around that time.
B. On January 31, 2019, the Plaintiff filed a lawsuit against the Defendants for the payment of the collection amount pursuant to the instant collection order against the Suwon District Court Ansan Branch Branch 2019 Ghana1949, and entered the service place against the Defendants as “Ssung E” (hereinafter “the service place of this case”).
C. The judicial assistant officers of the court of the first instance issued a decision on performance recommendation (hereinafter “decision on performance recommendation”) to order the Defendants to pay KRW 11,583,608, respectively, and delay damages therefrom, and served a certified copy of the decision on performance recommendation accompanied by the Plaintiff’s complaint as the place of service of this case.
The Defendants resided in the fourth floor of the delivery place of the instant case, and found a post office by reporting registered post office of the first floor. On February 22, 2019, the Defendants served a certified copy of the decision on performance recommendation, and submitted an objection and a written response to the first instance court on February 25, 2019.
E. On June 14, 2019, the court of first instance served the Defendants a notice of the date of pleading to the place of service in this case, but was not served due to the unknown address.
G. Since then, the court of first instance served the original copy of the judgment on June 26, 2019 as the service place of this case, but did not serve the original copy due to the unknown address, and served the original copy by means of service on July 11, 2019.