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(영문) 부산지방법원 2020.06.25 2019나55798
임금 등
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. According to the Trial of Small Claims Act, the defendant may file an objection in writing within two weeks from the date on which a certified copy of the decision on performance recommendation was served (Article 5-4(1)): Provided, That where an objection is unable to be filed within the period under Article 5-4(1) due to unavoidable grounds, the defendant may subsequently complete the objection within two weeks from the date on which such grounds cease to exist (Article 5-6(1)), but at the same time, the grounds for subsequent completion shall be clearly explained in writing (Article 5-6(2)), and the court shall dismiss the objection by decision if the grounds for subsequent completion are

(3) In full view of the purport of the argument in the statement of evidence No. 5-6 (3) 1, the first instance court: (a) determined on May 11, 2018 that “the Defendant shall pay the same amount as the purport of the instant claim to the Plaintiff” (hereinafter referred to as “instant decision on performance recommendation”); (b) the instant decision on performance recommendation was served on June 7, 2018 on the Defendant’s domicile as “Yansan-gu C buildings and Dho-gu”; and (c) Nonparty E received it at the above address; (d) Nonparty E was the head of the construction site office employed by the Defendant; (b) the Defendant was allowed to share a part of the Defendant’s house at the time; and (c) on January 22, 2019, the Defendant raised an objection against the instant decision on performance recommendation (hereinafter referred to as “instant objection”); and (d) the instant decision on performance recommendation was finalized from June 28, 2018 to June 28, 2019.

2. Existence of reasons for subsequent completion; and

A. As to this, the Defendant: (a) was hospitalized at the hospital due to cerebrovascular from October 22, 2017 to October 31, 2018, around the time when the instant decision on performance recommendation was served; and (b) was served on behalf of the Defendant with the instant decision on performance recommendation at the Defendant’s domicile.

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