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(영문) 대전고등법원 2016.04.18 2015나11197
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 legitimacy of a subsequent appeal

A. The following facts can be found in the facts of recognition by integrating the purport of the entire pleadings in the entry of evidence No. 11 which is significant in this court or Eul

1) On September 19, 201, the Defendant (hereinafter “instant apartment”) around Daejeon-gu, Daejeon-dong C, 108 Dong 1201 (hereinafter “instant apartment”).

(2) Following the Plaintiff’s filing of the instant lawsuit seeking the payment of a loan against the Defendant, the court of first instance, upon the Plaintiff’s filing of the instant lawsuit against the Defendant, was unable to serve a copy, etc. of the written complaint on the instant apartment that is the Defendant’s domicile recorded in the written complaint, but on two occasions, on the ground of “definite absence,” and thereafter, on October 12, 2014, upon the Plaintiff’s request for special delivery at night, D (E and university students of 24 years old at the time) as the Defendant’s live together in the instant apartment on October 12, 2014.

3) As the court of first instance did not submit a defendant’s reply within 30 days from the date of delivery of a duplicate of the complaint, the court designated the date of sentencing on November 26, 2014 on which the notice of the date of sentencing was served to the defendant, and then served the notice of the date of sentencing to the defendant on November 26, 2014, but the notice of the date was impossible to serve on the defendant on the ground of “the absence of a document”. Accordingly, the court of first instance rendered a judgment in favor of the plaintiff without holding any pleadings pursuant to the main sentence of Article 257(1) of the Civil Procedure Act on November 26, 2014, following the delivery of the notice of the date by registered mail.

5) On March 3, 2015, after the period of appeal against the judgment of the first instance has expired, the Defendant submitted the instant written appeal to the court of first instance. (B) On the other hand, the party concerned subsequently completed the procedural acts, such as filing a lawsuit after the lapse of the appeal period.

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