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(영문) 서울고등법원 2015.04.01 2014누59544
정보공개거부처분취소
Text

1. Revocation of a judgment of the first instance;

2. The instant case is remanded to the District Court.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts are apparent in the records:

On March 3, 2014, the presiding judge of the first instance court ordered the Plaintiff to pay 95,000 won in written notice and 35,500 won in short, within seven days from the date of receipt of the notice.

B. On June 17, 2014, the first instance court concluded the pleading that the Plaintiff did not comply with the order of correction by the date of first pleading, and on June 24, 2014, designated the date of pronouncement as 4:00 on June 24, 2014.

C. On June 20, 2014, the Plaintiff paid KRW 95,000 and KRW 35,500 to the designated account of the District Court of the Republic of Korea District Court for the Internet Bank with the Internet banking according to the above order of correction.

However, according to the above payment, the Plaintiff received a written confirmation of cash receipt (for the submission of a court) and a written payment (for the submission of a court) from the original datum of the government law of the new bank (for the submission of a court) on June 24, 2014.

On June 24, 2014, the first instance court rendered a judgment dismissing the instant lawsuit on the ground of the Plaintiff’s failure to comply with an order to correct 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 the certificate of receipt issued in accordance with the payment to the receiving bank along with the documents of lawsuit, such as the written correction, and the acts of the Junior Administrative Officer, etc. in charge of receipt along with the documents of lawsuit such as the written correction, etc. is merely a procedure to confirm the payment in the court records.

(See Supreme Court Decision 2003Ma1161 delivered on December 2, 2003; and

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