(영문) 서울남부지방법원 2018.04.05 2017나53857

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(영문) 서울남부지방법원 2018.04.05 2017나53857

손해배상(기)

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiffs corresponding to the above revocation part.

Reasons

1. Determination on the legitimacy of a subsequent appeal

A. The plaintiffs filed a lawsuit in this case with the court of first instance on November 3, 2015. The court of first instance (the court of first instance) shall serve the defendant by means of service on the defendant's address as the "Sposi G Building B-1th Hski", the defendant stated on December 17, 2015, "the address when submitting a written response," Seoul FA 124 Dong 2001, which was stated on the defendant's address. Nevertheless, the court of first instance served the defendant with a notice of the date for pleading, etc. on the defendant's address stated on the complaint and sent it to the defendant by means of service as the addressee is not known. The defendant was not present on the date for first and second pleadings, and the court of first instance did not appear on September 27, 2016, and the original copy of the judgment was not known, and it shall serve on the defendant by public notice on October 7, 2016, and it shall be evident that the defendant made a delivery on the record of this case on 10th 217th 20.

B. Article 185(1) of the Civil Procedure Act provides that when a party, his legal representative, or his legal representative alters the place where service is to be made, the purport thereof shall be immediately reported to the court. Paragraph (2) provides that where the place where service is to be made is unknown to the person who did not make the report under paragraph (1), the document may be sent to the previous place where service is to be made in the manner prescribed by the Supreme Court Regulations, and "where the place where service is to be made is unknown" as mentioned above, it means that the other party may be sent by registered mail only if it is not necessary to order the other party to correct his address or ex officio to investigate the resident registration card, etc., but the place where service is to be made cannot be known

참조조문

-민사소송법 제185조 제1항

유사 판례

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