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(영문) 창원지방법원 2018.12.13 2018나53365
부당이득금등
Text

1. The plaintiff's appeal shall be dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Determination on the legitimacy of a subsequent appeal

A. The original copy of the judgment of the court of first instance alleged by the Plaintiff was sent to the Plaintiff by electronic document, but the Plaintiff’s lapse of one share with no knowledge of such fact, which became final and conclusive at the time of February 20, 2018, and thus, the Plaintiff was unable to observe the period of appeal due to

Article 3 (Scope of Application) of the Act on the Use, etc. of Electronic Documents in Civil Procedure, Etc. shall apply to the procedures under the following Acts:

1. Where a person to be served or notified falls under any of the following cases, the junior administrative officer, etc. of a court may electronically serve or notify it through an electronic data processing system:

1. Where a registered user who has consented to the progress of civil litigation using an electronic data processing system, as prescribed by the Supreme Court Regulations;

2. Where the registered user agrees to the progress of civil litigation, etc. using an electronic data processing system as a registered user after being served with a document or other document outputing out the electronic document;

3. Where a registered user is the State, a local government or any other person corresponding thereto and prescribed by the Supreme Court Regulations.

(3) Service under paragraph (1) shall be made by registering the electronic documents to be served by a junior administrative officer, etc. in the electronic data processing system and electronically notifying the person to be served

(4) In cases falling under paragraph (3), the service shall be deemed to have been served when an electronic document recorded is confirmed.

Provided, That if the record is not confirmed within one week from the date of notification, it shall be deemed to have been served on the date when one week from the date of notification of the record.

(5) The period in which the recipient can not confirm the electronic document due to the trouble in the electronic data processing system shall be limited to paragraph (4).

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