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(영문) 창원지방법원 2016.11.03 2016나2271
임금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1.The following facts of recognition are apparent in the record, or are obvious and there is no proof otherwise in this court:

On June 23, 2015, the Plaintiff filed the instant lawsuit against the Defendant seeking wage payment, and the first instance court specified the Defendant’s address as “Scheon City C” through the inquiry results with the head of the Jincheon District Labor Office’s Jinju District Office.

B. The first instance court served a duplicate of the complaint as the above address on July 16, 2015, but the service was impossible due to the absence of closure on July 16, 2015, and as a result, the Plaintiff confirmed in accordance with the order to correct the address of the first instance court, the above address was the same as the

C. On August 6, 2015, upon the Plaintiff’s application for night service, the execution officer affiliated with the Jinwon District Court Jinju Branch sent a duplicate of the complaint against the Defendant directly to the said domicile at his/her domicile on August 6, 2015. Since the Defendant himself/herself was unable to meet, he/she was living together with the Defendant’s spouse, and D refused to affix his/her signature and seal on the “Yinman” column.

However, as the defendant did not submit a written response one month after the judgment was rendered, the first instance court served a notice of the sentencing date (non-drawing) at the above address, but it was impossible to serve the notice on September 10, 2015 as a closed door absence.

On September 15, 2015, the first instance court served the service by registered mail. On September 22, 2015, the first instance court rendered a judgment in favor of the Plaintiff in full while the Defendant was absent at around 10:00 on September 22, 2015.

E. On September 30, 2015, and October 1, 2015, a mailman attempted to serve the original copy of the said judgment at his/her domicile on two occasions, but was unable to serve due to the absence of a closed text, the first trial decision ordering the Defendant to serve the service of the original copy of the judgment by public notice on October 6, 2015 and became effective on October 21, 2015.

F. On April 14, 2016, the Defendant, after the lapse of the period for filing a second week’s appeal from the date the service of the authentic copy of the judgment became effective.

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