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(영문) 대전고등법원(청주) 2019.07.09 2018나92
유치권 확인
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. Determination on the legitimacy of an appeal

A. The plaintiffs asserted that the defendant's appeal is unlawful because the duplicate, etc. of the complaint of this case were sent to the location of the defendant's main office, and employeesJ received it and immediately notified the defendant's representative director, and thus the defendant's appeal is filed with the excessive period of appeal.

B. Determination 1) The legal effect of an action against a party to a lawsuit, which is a legal entity, shall be an act of a natural person representing the legal entity or an act against such natural person. Thus, documents, such as a complaint, date of summons, and judgment of the legal entity, shall be served to the representative (see, e.g., Supreme Court Order 97Ma600, May 19, 1997). The service shall be conducted at the address, domicile, place of business or office of the representative of the legal entity, and place of work (see, e.g., Article 183(1) and (2) of the Civil Procedure Act). In addition, if a person fails to be served at a place other than a place of work, documents may be delivered to the legal entity with the mental capability to distinguish the person from his/her employee (Article 186(1) and (3) of the Civil Procedure Act), and the period of service at the court of first instance (see, e.g., Supreme Court Decision 197Du175, supra.

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