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(영문) 부산지방법원 2020.04.01 2019나63782
임대차보증금반환
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. Basic facts

A. The Plaintiff filed the instant lawsuit on January 22, 2018.

B. On March 9, 2018, the Defendant’s representative directorF received a duplicate of the instant complaint, and on April 25, 2018, an application for modification of the purport of the claim and the cause of the claim directly at his/her home address.

C. On May 28, 2018, the court of first instance, upon the Defendant’s failure to submit a written response, served a notice of the sentencing date on the Defendant’s domicile at the above F’s domicile but is not served as a closed door, and served on June 8, 2018, and sentenced the first instance judgment on June 27, 2018.

On June 28, 2018 and July 9, 2018, the court of first instance served the original copy of the judgment of the first instance on the Defendant’s domicile as above F, but was not served on the Defendant as a closed door, and on July 19, 2018, the said original copy was served on July 19, 2018 and became effective on August 3, 2018.

E. On October 22, 2019, the Defendant submitted the instant written appeal for the subsequent completion.

[Grounds for recognition] The substantial facts in this Court and the purport of the whole pleading

2. Article 173(1) of the Civil Procedure Act of the judgment on the legality of an appeal for subsequent completion refers to the grounds for which the parties could not observe the period even though the parties fulfilled generally required care for conducting procedural acts. In a case where documents of lawsuit are unable to be served by means of ordinary means during the process of litigation and served by public notice, the documents of lawsuit cannot be served by means of service during the process of litigation, and thus, the parties are obligated to investigate the progress of the lawsuit by public notice. Thus, if the parties fail to abide by the peremptory period due to the failure to investigate the progress of the lawsuit, it cannot be deemed as due to any cause not attributable to the parties, and such obligation is attributable to the party, whether the parties present at the date of pleading and present at the date of pleading, and whether the parties present at the date of pleading.

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