logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.02.10 2016나2013343
공사대금
Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. Determination as to the legitimacy of the subsequent appeal of this case

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

(1) The Plaintiff filed the instant lawsuit against the Defendant, etc. on March 27, 2015. The court of first instance is also the Defendant’s address entered in the complaint and the Defendant’s address entered in the subsequent petition of appeal, which is the location of the principal office in the Defendant’s corporate registry, while filing an appeal.

The copy of the complaint in this case was served by mail and G, which was recorded as an internal director in the defendant's corporate register, received on April 7, 2015.

(2) Since then, the court of first instance served the Plaintiff’s written application for taking over the litigation procedures and the written application for modifying the purport of the claim on the said address but sent it to the address above that address if it was not served due to the absence of closure. Thereafter, the court served the notice of the date of pleading from first to fourth, and the written application for modifying the purpose of the claim and the cause of the claim submitted by the Plaintiff on the date of pleading from the date of pleading to the date of fourth, and served the documents on the said address if the written application for changing the purpose of the claim and the cause of the claim submitted by the Plaintiff is not served due to the absence

(3) The court of first instance, where the notice of the sentencing date sent to the above address was not served due to the absence of closure, served again at the above address. The court rendered a ruling on November 27, 2015, which was the designated sentencing date, and served the original copy of the judgment to the above address, but was not served due to the absence of closure, and served the original copy to the Defendant by public notice on December 14, 2015, and became effective at the time of December 29, 2015.

(4) On February 11, 2016, the Defendant submitted the instant written appeal for the subsequent completion of the appeal against the judgment of the first instance.

B. The “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the principle that a party is generally required to conduct litigation.

arrow