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(영문) 서울동부지방법원 2016.09.28 2015나26032
보증금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Revocation of the judgment of the court of first instance

A. According to the records of this case, Eul evidence Nos. 2, 3, 4, 7, and 8 (including each number), I testimony and records of this case by witnesses of the trial court, the plaintiff filed the lawsuit against the defendant, Co-defendant A, Ltd., and the first instance court served the copy, etc. of the complaint on the defendant's resident registration, "Seoul J. 5 Dong-dong 105, which is the defendant's domicile. K has received on April 10, 2015. The defendant married with L on March 18, 1987, but did not receive the plaintiff's written notice on May 15, 207, and delivered the plaintiff's written notice on February 14, 201, to the defendant's domicile at his domicile on February 14, 201, but the defendant did not actually live in his/her family at his/her residence on the same 9th day as the defendant's written notice.

B. According to the above facts, the Defendant’s children, even though the Defendant had a resident registration address in the form of the above J domicile, but did not actually live together while having a different place of actual living, received the Defendant’s notice of the date of imposition of complaint and the original judgment instead of the original judgment, so in order for the Defendant to lose the validity of service on the Defendant, children shall receive the same as the duplicate of the complaint.

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