1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. On January 17, 2017, as to the instant case’s determination on the termination of the instant lawsuit, the health department, and the court of first instance, on January 17, 2017, rendered a decision of performance recommendation ordering the Defendant to pay the same amount as the purport of the claim, and served on the Defendant on January 26, 2017. The fact that the Defendant filed an objection against the said decision of performance recommendation on February 10, 2017 is obvious.

The defendant may file an objection in writing within two weeks from the date of receipt of a certified copy of the decision on performance recommendation, but when the defendant fails to file an objection within the above period, the decision on performance recommendation shall have the same effect as a final and conclusive judgment.

(1) According to Articles 5-4(1) and 5-7(1)1 of the Trial of Small Claims Act, the Defendant filed an objection on February 10, 2017 after the lapse of two weeks from January 26, 2017 upon receipt of the above decision of recommendation of performance, and the Defendant’s objection is unlawful by disregarding the period of application.

(See Article 5-5(1) of the Trial of Small Claims Act. Ultimately, the decision on performance recommendation became final and conclusive two weeks after the date of delivery to the defendant.

2. Conclusion, the instant lawsuit was concluded upon the final decision of performance recommendation as of February 9, 2017, which was the deadline for filing an objection.

A defendant's objection as of February 10, 2017 must be dismissed in an unlawful manner.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.