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(영문) 제주지방법원 2019.07.17 2018나14144
공사대금
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. Determination on the legitimacy of a subsequent appeal

A. According to the records of this case, the following facts are recognized.

1) The Act on the Use, etc. of Electronic Documents in Civil Procedure, Etc. (hereinafter “Private Electronic Document Act”) on August 13, 2018

(2) On October 19, 2018, the first instance court rendered a judgment accepting the Plaintiff’s claim on October 19, 2018, which accepted the original copy of the first instance court’s judgment on October 24, 2018, and notified the Defendant of the fact of registration by sending electronic mail and text message in accordance with Article 11(1) and (3) of the Regulations on the Use, etc. of Electronic Documents in Civil Litigation (C) and Article 26(1) of the Rules on the Use, etc. of Electronic Documents (hereinafter “Rules”).

3) The Defendant did not verify the electronic document recorded within one week from the date of receipt of the notice of the above registration. The original copy of the judgment of the first instance is deemed to have been served at the time of November 1, 2018 pursuant to the proviso of Article 11(4) of the Electronic Documents Act. 4) The Defendant submitted a subsequent petition of appeal to the first instance court on December 5, 2018, which is after the lapse of two weeks, which is the filing period of appeal.

(b) Where a person to be served or notified falls under any of the following cases, the junior administrative officer, etc. of a court under Article 11 (Electronic Service or Notification) of the Act on the Use, etc. of Electronic Documents in Related Acts and subordinate statutes, civil procedure, etc. may electronically serve

1. Where a registered user who has consented to the progress of civil litigation, etc. using an electronic data processing system, as prescribed by the Supreme Court Regulations;

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