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(영문) 울산지방법원 2019.05.16 2018나1636
조합가입비 등 반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The following facts may be acknowledged in full view of the records of this case and the purport of the whole pleadings:

On June 2, 2017, the Plaintiff filed a lawsuit against the Defendant and C, a corporation, seeking the return of the union membership fee, and the first instance court said that the copy, etc. of the complaint, etc., of the Defendant’s domicile, is “the delivery address of the case in Ulsan-gu M and the second floor or lower,” the Defendant’

on August 25, 2017, N, at the time, sent to the head of the defendant association, received it directly.

B. The first instance court: (a) deemed that the Defendant did not submit a written response and determined the sentencing date without holding any pleadings; and (b) sent a written notification of the sentencing date to the Defendant, but is not served as a closed party; and (c) served it by means of delivery.

C. On October 31, 2017, the first instance court rendered a judgment in favor of the Plaintiff, and sent the original copy of the judgment to the instant address, but was not served in the addressee’s unknown address. On November 7, 2017, the first instance court ordered the Defendant to serve by public notice, and on November 22, 2017, the service by public notice became effective.

Meanwhile, from November 22, 2017, the Defendant filed an appeal to the instant case on June 11, 2018, the 14th day of the appeal period, from November 22, 2017.

2. Determination on the legitimacy of a subsequent appeal

A. Service on the relevant regulations and legal principles must be made by the representative, and service on the representative shall be made at his domicile, residence, business place, or office. The business place or office of the representative is also the domicile of the legal entity. Thus, service may be made at the location of the principal office of the legal entity.

(See Articles 64, 179, and 183 of the Civil Procedure Act. Meanwhile, “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the grounds for failure to comply with the period despite the party’s exercise of generally required care for conducting procedural acts. This is ordinarily the process of a lawsuit.

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