요양불승인처분취소
1. Revocation of a judgment of the first instance;
2. The instant case is remanded to Daejeon District Court.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts are apparent in the records:
On January 15, 2015, the presiding judge of the first instance court ordered the Plaintiff to pay KRW 217,200 to the Plaintiff within seven days from the date of receipt of a written notice of insufficient stamp amounting to KRW 217,200. The Plaintiff received the said order of correction on January 19, 2015.
B. On January 20, 2015, the Plaintiff paid KRW 217,200 to a single bank, the receiving bank, in accordance with the above order of correction, and did not submit to the court a written confirmation of cash receipt (for the submission of a court) of whether it is a lawsuit, etc. issued by a single bank.
C. On March 20, 2015, the first instance court rendered a judgment dismissing the instant lawsuit on the grounds of the Plaintiff’s failure to comply with an order to rectify recognition.
2. Comprehensively taking into account the relevant laws and regulations concerning the procedures for stamp collection and other cash payment in lieu thereof, such as the Act on the Stamps Attached for Civil Litigation, etc., rules on the recognition of civil procedure, etc., rules on the recognition of civil procedure, etc., and the court's rules on the procedures for stamp payment, etc., the effect of stamp correction is generated when cash is paid to the service fee-receiving bank under Article 3 of the Rules on Special Cases concerning Fees Handling. The act of submitting a written confirmation of receipt issued according to this payment to the receiving officer, etc. along with the documents of lawsuit, such as the written correction, and the acts of the Junior Administrative Officer, etc. in charge of receipt, etc. submitted to the receiving officer, etc. along with the documents of lawsuit, such as the written correction, etc.
(See Supreme Court Decision 2003Ma1161 Decided December 2, 2003). As to the instant case, the Plaintiff paid KRW 217,00 on January 20, 2015, which was prior to the pronouncement of the judgment of the first instance court, to the Han Bank, the Receiving Bank, and fulfilled the order of stamp correction, the Plaintiff’s performance of the order of stamp correction cannot be dismissed for reasons of non-performance of the order of stamp correction.
3. Thus, the plaintiff's failure to comply with the order to correct recognition.