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(영문) 대구지방법원 2018.10.17 2018나2729
점유인도
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. According to Articles 183(1) and 186(1) of the Civil Procedure Act, a document may be served by delivering documents to a person to be served at his/her domicile, residence, place of business, or office. If a person to be served was not present at the place to be served, such document may be served by delivering the document to his/her office worker, employee, or cohabitant, who is man of sense. The main text of Article 173(1) of the Civil Procedure Act provides, “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement his/her act of negligence within two weeks from the date such cause ceases to exist.” “Grounds not attributable to the party” refers to the grounds for not complying with the period despite the party’s due care to conduct the litigation, and thus, if the document of lawsuit cannot be served by means of ordinary means during the proceeding of litigation and served by public notice, the Plaintiff could not be deemed to have been in progress with the party’s first 16th investigation by serving a copy of the complaint (see, 1016).

On October 26, 2016, the first instance court sent to the Defendant a duplicate of the complaint to the “Drastop in Daegu Singu C”, which was written in the place to serve on the Defendant, and the F received it as the Defendant’s workplace rent at the same place.

2. thereafter.

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