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(영문) 서울고등법원 2016.11.18 2016나2046312
약정금
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. Whether a subsequent appeal is lawful;

(a)The following facts of recognition are apparent or obvious to this Court in the records:

1) On May 19, 2015, the Plaintiff filed the instant lawsuit against the Defendant. On May 27, 2015, the first instance court sent a duplicate of the instant complaint to the Defendant by mail, but was not served as a closed door door absence on June 24, 2015. On June 24, 2015, the first instance court sent a duplicate of the instant complaint by delivery to the Defendant’s resident registration address F, Gwangju Mine-gu F, 201 Dong 1003, which is the Defendant’s resident registration address, but was not served as a closed door door absence on July 24, 2015. 2) The first instance court sent the duplicate of the instant complaint to the Defendant’s spouse by means of delivery to the execution officer’s address, and the Defendant’s spouse E received the duplicate of the instant complaint from the Defendant’s domicile on July 29, 2015.

3) The first instance court, upon the Defendant’s failure to submit a written response, served a notice of the sentencing date on September 18, 2015 at the address above, but was not served as a closed door absence. The first instance court sent the notice of the sentencing date on October 5, 2015 and sent it on the same day. 4) The first instance court rendered a judgment on October 8, 2015, and served the original copy on two occasions at the address above, but it was impossible to serve as a closed door absence.

On November 6, 2015, the first instance court served the original copy of the judgment by public notice, and on November 21, 2015, the service became effective.

5) On July 6, 2016, the Defendant filed the instant appeal for subsequent completion. (B) As long as the original copy of the judgment was once served by means of service by public notice according to the order of the presiding judge, the service is valid even if it fails to meet the requirements. Therefore, the said judgment becomes final and conclusive formally with the lapse of the period of appeal.

The legitimacy of the appeal to correct the above judgment shall be for the reason for which the appellant cannot be held responsible if the time limit for appeal has not been observed.

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