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(영문) 의정부지방법원 2015.11.05 2015나2998
임금
Text

1. All appeals by the defendant are dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts are significant in this Court:

On September 26, 2014, the Plaintiffs filed the instant lawsuit against the Defendant. On November 10, 2014, the court of the first instance served the Defendant’s domicile “K, 205 Dong 1403 (hereinafter “instant domicile”) with a duplicate of the complaint and the litigation guide, etc., and the Defendant received them on November 16, 2014.

B. As the Defendant did not submit a written reply within 30 days from the date of receipt, the court of first instance designated the date of pronouncement of a judgment without pleading, and served the notice of the date of pronouncement by mail at the address of this case, but was impossible to serve on three occasions due to “closed absence”. Accordingly, on December 15, 2014, the notice of the date of pronouncement was sent to the Defendant by registered mail.

C. On December 17, 2014, the court of first instance rendered a ruling of the first instance that accepts all the claims of the Plaintiffs on December 17, 2014. On December 18, 2015, the original judgment was served on the Defendant on the domicile of this case, and served the original copy of the judgment of the first instance on three occasions, and served the original copy of the judgment of the first instance on January 2, 2014, and served by public notice on January 17, 2015.

On March 9, 2015, the Defendant filed an appeal for subsequent completion.

2. Determination on the legitimacy of a subsequent appeal

A. In a case where a copy, original copy, etc. of a complaint were served by service by public notice, barring special circumstances, the defendant was not aware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him.

may file a subsequent appeal within two weeks after the cause has ceased to exist.

However, if the defendant knew of his lawsuit and neglected it to serve by public notice, even though he was unaware of the fact that the judgment was served by public notice, the defendant was negligent in finding such fact.

As such, it shall be.

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