beta
(영문) 서울동부지방법원 2020.09.18 2019나29763

임금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. We examine ex officio the defendant's appeal on the legitimacy of the subsequent appeal.

Service shall be extended at the domicile, residence, business office or office of the served person.

(Article 183(1) of the Civil Procedure Act. The service of documents may, in principle, be made by delivery to the person to receive the service, or, if the service institution fails to retain the person to receive the service at the aforementioned place, by means of a supplementary service of documents to his/her clerk, employee, or cohabitant, who is man of sense of judgment.

(Article 186(1) of the same Act and Article 186(1) of the same Act, if a supplementary service is made, such service shall take effect when a clerk, employee, cohabitant, etc. receives the documents, and whether the person to receive the documents has finally received the documents or the validity of the service is not related.

(2) In light of the above legal principles, the Plaintiff filed the instant lawsuit against the Defendant on May 13, 2019, according to the health care unit (see Supreme Court Order 2007Ma994, Jan. 14, 2008; Supreme Court Order 201Da85208, Feb. 23, 2012). According to the records of the instant case, the first instance court rendered the instant lawsuit against the Defendant on May 13, 2019, with the “Seoul Gangnam-gu and the first floor D Animal Hospital,” the Defendant’s business office indicated in the duplicate of the complaint on May 16, 2019, and received a copy of the complaint and the notice of lawsuit guidance on June 20, 2019 by the Defendant, who is the Defendant’s employee, on June 30, 201, but the first instance court did not receive a written response within 30 days from the Defendant, which was the Defendant’s business office 2019.