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(영문) 의정부지방법원 2014.07.18 2013나12113
추심금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 10, 2008, the Plaintiff issued a collection order with the obligor B and the third obligor as the Incheon District Court 2008TTT 11989, and with the amount of KRW 60 million as to the wage and retirement allowance claim against the Defendant B (hereinafter “the collection order of this case”). As to the wage and retirement allowance claim against the Defendant, the Plaintiff issued a collection order of this case.

(2) The above court served the original copy of the collection order of this case as "121 Dadong-dong-dong-dong-dong-dong-dong-dong-dong 1121," which is the location of the defendant's principal office. The debtor of the collection order of this case and B, which is the defendant's office, received the original copy of the collection order of this case at the above domicile, but did not deliver it to the

B. On May 8, 2013, the court of first instance filed the instant lawsuit against the Defendant on the ground that the Plaintiff received the instant collection order against the Defendant’s wage claim, etc., and that the Defendant was obligated to pay the said collection amount to the Plaintiff. (ii) On May 8, 2013, the court of first instance served the Defendant with a duplicate of the instant complaint and a written guidance for the instant lawsuit at the 1121, Dong-dong, Seoyang-gu, Seoyang-gu, the Defendant’s principal office, “B sent a duplicate of the instant complaint and the written guidance for the instant lawsuit at the 1121, Dong-dong, Seoyang-gu, the law, and received the said litigation document at the said place

3) The court of first instance did not submit a written reply within 30 days from the date of delivery of the duplicate of the instant complaint. On July 17, 2013, the court rendered a favorable judgment of the Plaintiff without holding any pleadings pursuant to Article 257(1) of the Civil Procedure Act, and served the original copy of the judgment of the first instance on the location of the Defendant’s principal office. The original copy of the judgment was also received as the Defendant’s office member on July 22, 2013. On the other hand, B did not deliver the documents and the original copy of the judgment of the first instance court related to the instant case received as above to the representative director.

5. On August 30, 2013, the Defendant perused and copied the records of the first instance court, and on September 3, 2013, the petition for the subsequent appeal of this case was filed with the court of first instance.

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