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(영문) 인천지방법원 2019.11.29 2019나56411
손해배상(기)
Text

1. The appeal by the defendant B corporation shall be dismissed;

2. The costs of appeal shall be borne by Defendant B Co.

purport.

Reasons

1. Determination on the legitimacy of a subsequent appeal

(a) The facts under the recognition are apparent in, or obvious to, the record;

1) On August 7, 2018, the Plaintiff submitted the instant complaint to the first instance court against the Defendants. 2) The first instance court served the Defendant Company B (hereinafter “Defendant Company”) with the “Incheon-si E and 1st floor,” which is the location in the corporate register of the Defendant Company B (hereinafter “Defendant Company”). However, it was impossible to serve the duplicate of the complaint and the litigation guide as a closed-down absence. As a result, the internal director H, the representative of the Defendant Company, directly received the duplicate, etc. of the complaint at the above address on October 16, 2018.

3) On December 3, 2018, the first instance court served a notice of the date for pleading at H’s address, but did not serve as a director’s unknown, and the first instance court served the notice of the date for pleading on December 13, 2018. 4) Meanwhile, the Defendant C received the notice of the date for pleading, which is a child, from “Seoul Yangcheon-gu I Apartment and Jho,” which is a resident registration address, from “Seoul Yangcheon-gu I Apartment and Jho,” on October 27, 2018, and received the notice of the date for pleading, which is a child, on December 6, 2018.

5) On January 11, 2019, the first instance court proceeded with the first date for pleading as the Defendants were absent. On the same day, the notice of sentencing was served to the Defendants on the same day. However, the Defendant Company: (a) the Defendant Company was missing; and (b) the Defendant Company sent the notice to the Defendant Company to the Plaintiff on January 25, 2019; (c) the first instance court accepted the Plaintiff’s claim against the Defendant Company on January 25, 2019; and (d) rendered a judgment dismissing the Plaintiff’s claim against the Defendant C; and (c) delivered the certified copy of the judgment to the Defendants on January 28, 2019; and (d) the service with respect to the Defendant

7) On February 7, 2019, the first instance court determined the service of the Defendant Company by public notice, and served an authentic copy of the judgment on the same day and became effective on February 22, 2019. (8) Defendant Company was to the first instance court on April 2, 2019.

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