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(영문) 의정부지방법원 2020.09.10 2020나204668
임금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Whether the subsequent appeal of this case is lawful

A. On June 4, 2012, the Plaintiff filed a lawsuit against the Defendant for the instant case seeking an amount equivalent to KRW 5,202,060, not paid wage due to work from November 8, 2010 to February 13, 2012. 2) The first instance court of the instant case served the Defendant a decision on performance recommendation on two occasions on June 11, 2012 and August 6, 2012, but did not serve the Defendant as an addressee, and ordered the Defendant to serve the service by public notice on August 30, 2012, and subsequently served the Defendant with a duplicate of the complaint on October 30, 2012, and sentenced the Plaintiff to a judgment in favor of the Plaintiff on October 30, 2012.

On November 3, 2012, the original copy of the judgment was served on the defendant by public notice.

3) On the other hand, upon the judgment of the first instance became final and conclusive, the Plaintiff filed an application against the Defendant for specification of property on January 24, 2013 by designating the first instance judgment as the title of enforcement against the Defendant as the High Government District Court 2013Kao384. The said court rendered the said judgment on February 4, 2013 (hereinafter “instant decision on specification of property”).

(4) On March 5, 2013, the lower court served on the Defendant a written request for attendance on the date of property name, and a written guidance on the property list form and guidance. The Defendant received it on March 8, 2013, and submitted the property list on March 18, 2013.

5) On March 19, 2013, the Defendant was absent on the date of specification of property, and was ordered to commence a judgment of detention pursuant to Article 2013, 361 of the Jung-gu District Court 201. On April 22, 2013, the Defendant appeared on the date of specification of property and performed his/her duty to specify the same day. 6) The Defendant was issued the original copy of the judgment of the first instance on February 28, 2020, and filed the instant appeal on March 12, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. The summary of the Plaintiff’s defense prior to the merits is either around February 7, 2013 or at least around February 7, 2013 upon receipt of the instant decision to specify the property of this case.

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