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(영문) 서울남부지방법원 2015.06.25 2014나7822
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 are apparent in the record:

On January 8, 2013, the Plaintiff filed an application for payment order with the Seoul Southern District Court 2013Ra353 against the Defendant. On January 28, 2013, I, an employee of the Defendant, served the original copy of the payment order on the “Seoul Gangseo-gu J,” which is the Defendant’s principal office, served on January 28, 2013. On January 30, 2013, the Defendant submitted a written objection against the above payment order, and was performing as an ordinary litigation procedure under Seoul Southern Southern District Court 2013Ma10431.

B. On February 28, 2013, the Defendant submitted a written answer to the court of first instance. Accordingly, the court of first instance served the notice on the date of first pleading to the seat of the Defendant’s head office, and thereby, on March 21, 2013, K, an employee of the Defendant, was served at the seat of the said head office.

On April 3, 2013, the court of first instance served the original copy of the decision of recommending reconciliation on the date of the first pleading, and served the original copy of the decision of recommending reconciliation on the said head office. On May 9, 2013, H of the Defendant’s representative director submitted a written objection against the decision of recommending reconciliation on May 16, 2013 after being directly served on the said head office.

C. On May 21, 2013, the court of first instance served the notice on the date of second instance as the location of the Defendant’s main office, but sent the notice to a person who is not served due to the absence of closure. On June 5, 2013, the court closed the pleading on the second date for pleading and served the notice on June 7, 2013, but also served the notice to the seat of the said main office, but on June 7, 2013, sent the notice to a person who is not served due to the absence of closure. The Defendant submitted an application for resumption of pleading on June 17, 2013, and on June 18, 2013, a written correction of address changing the address to the “Seoul Eunpyeong-gu L Building C. 501” respectively.

Accordingly, on July 2, 2013, the court of first instance, after the pleading has been resumed, served a notice of the date of the third pleading on July 2, 2013, to the address that the defendant revised, but sent to the address that was not served due to the addressee's unknown address. The representative director H of the defendant appears at the third pleading on July 17, 2013.

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