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(영문) 수원지방법원 2016.12.08 2016나13960
임금
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. Whether the subsequent appeal of this case is lawful

A. According to the records of this case, the following facts are acknowledged.

1) On January 21, 2015, the Plaintiff filed a request against the Defendant for a payment order seeking wage payment under the Suwon District Court Branch Branch Branch Branch 2015 tea305, and the said court issued the payment order against the Defendant on February 5, 2015 (hereinafter “instant payment order”).

(1) On February 13, 2015, the Defendant served the original copy of the above payment order on February 13, 2015, and thereafter filed an objection against the instant payment order with the above court on February 25, 2015 (the Defendant’s address indicated in the instant payment order and the Defendant’s address indicated in the above written objection were all “T Apartment 506, 1901, 506, 1901”.

(2) According to the Defendant’s objection, the court of first instance sent the first written notice to the Defendant on June 10, 2015, but did not serve the first written notice on the date for pleading, and sent it on June 19, 2015. On July 15, 2015, the Defendant sent the second written notice to the Defendant on July 23, 2015, but was not served as the addressee’s unknown address. On August 12, 2015, the Defendant sent the third written notice on the date for pleading on August 12, 2015, but sent it to the Defendant on August 20, 2015, and sent it on August 26, 2015, but was not served as the addressee’s unknown address.

3) On September 15, 2015, the court of first instance rendered a judgment accepting the Plaintiff’s claim, and sent the original copy of the first instance judgment to the Defendant, but the original copy of the judgment was not sent to the Defendant as the addressee was not known. On October 5, 2015, the original copy of the first instance judgment was served by public notice according to an order by public notice, and on October 20, 2015, the service of the original copy of the judgment became effective. 4) The Defendant submitted a written appeal for subsequent completion to the court of first instance on August 5, 2016, which is obvious after 14 days from the date of service of the original copy of the first instance judgment.

B. Determination 1.

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