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(영문) 서울고등법원 (춘천) 2018.09.19 2018누451
변상금부과처분 무효확인 등
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added by this court are all dismissed.

2. Appeal;

Reasons

This part of the judgment of the court on the claim for the confirmation of invalidity of the imposition of indemnity amounting to KRW 314,650 as of March 10, 2017 is identical to the corresponding part of the claim for the confirmation of invalidity of the imposition of indemnity amounting to KRW 314,650 as of March 10, 2017, and thus, it shall be accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The Defendant’s claim on revocation of the Defendant’s instant disposition of imposition of KRW 314,650 of indemnity as of March 10, 2017 is unlawful as the Defendant’s claim on revocation of the Defendant’s instant disposition of imposition of KRW 314,650 of indemnity as of March 10, 2017, which the Plaintiff added in this court as the conjunctive of the Defendant’s defense on the Defendant’s principal safety defense was unlawful.

Judgment

According to the evidence No. 1-3 and evidence No. 5, the defendant sent the written disposition No. 3 to March 10, 2017, by printing it to 16:30:21, and the plaintiff's employee received the written disposition No. 3 in March 16, 2017.

Therefore, the instant disposition No. 3 appears to have reached the Plaintiff on March 16, 2017, barring any special circumstance, and even if the instant disposition No. 3 prior to March 16, 2017 reached the Plaintiff, it is apparent that the Defendant’s delivery date of the instant disposition No. 3 is a gold day, so even if the Defendant reached the Plaintiff as soon as possible, it can be inferred that the Plaintiff reached March 13, 2018. Since the instant disposition falls under a legal holiday on June 11, 2017, which falls under 90 days after that date, the period for filing the lawsuit expires on June 12, 2017 (Article 157, 159, and 161 of the Civil Act). Meanwhile, even if the Plaintiff filed a lawsuit seeking nullification of the instant disposition on June 3, 2017, which is the main period for filing the lawsuit, the Plaintiff had a legitimate revocation of the Plaintiff’s claim for nullification of the instant disposition within 2015.

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