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(영문) 서울북부지방법원 2018.05.29 2017나3879
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the legality of the subsequent appeal

(a) The following facts are apparent in the records:

1) On April 21, 2017, the Plaintiff filed the instant lawsuit against the Defendant. 2) On May 18, 2017, the first instance court served the Defendant’s resident registration injury “Ycheon-si E apartment, 8 Dong Dong Dong 601 (hereinafter “instant address”) with a duplicate of the instant complaint and the litigation guide, and on May 22, 2017, F, the Defendant’s spouse, received the said documents at the said domicile.

3) On May 25, 2017, the court of first instance served a duplicate of the application for correction of the indication of the party on the domicile of the Defendant, and on May 26, 2017, the court of first instance received the said documents at the domicile of the Defendant on June 23, 2017, the court of first instance designated the date of pronouncement to the Defendant on July 11, 2017. The F received the said documents at the domicile of the instant case on June 27, 2017.

5) On July 10, 2017, when the Plaintiff submitted an application for modification of the purport of the claim and the cause of the claim, the court of first instance: (a) designated the date of pronouncement to the Defendant as of August 8, 2017; (b) served the notification of the sentencing date on the date of pronouncement to the address of the instant case; and (c) on July 12, 2017, the court of first instance served the Defendant with a copy of the application for modification of the purpose of the claim and the cause of the claim on July 11, 2017; and (d) F received the said documents at the address of the instant case on July 13, 2017.

7) On August 8, 2017, the court of first instance rendered a judgment in favor of the Plaintiff without pleading, and on August 11, 2017, served the original copy of the judgment of the first instance to the Defendant at the domicile of the instant case, and on August 16, 2017, F received the said documents at the domicile of the said domicile on August 16, 2017. 8) The judgment of the first instance became final and conclusive on August 31, 2017, and the Defendant filed an appeal for subsequent completion on September 21, 2017.

B. According to Article 186(1) of the Civil Procedure Act, a person who fails to take delivery of a person at a place other than a place of work shall be a person living together.

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