logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.07.22 2019가합593076
구상금
Text

1. The instant lawsuit becomes final and conclusive on December 10, 2019, the payment order for the claim for reimbursement amount of this Court (No. 488314).

Reasons

1. The Defendant’s objection raised on December 10, 2019 and the objection raised on December 11, 2019 against the payment order in the claim for reimbursement (hereinafter “instant payment order”) issued by this court ex officio as to whether the objection raised by the Defendant against the payment order was lawful or not is legitimate.

The Civil Procedure Act provides that when a debtor files an objection within two weeks from the date on which he/she is served with a payment order, the payment order shall lose its validity within the scope of such order (Article 470(1)), and stipulates the above period as a peremptory term.

(2) According to the records of this case, the payment order of this case was issued on November 20, 2019 and served on "Seoul Mapo apartment and D," which is the defendant's domicile on November 25, 2019 (the service receipt number: E (work pay). The defendant filed a written objection against the payment order of this case on December 10, 2019, stating that "I will receive the certified copy of the payment order of this case on November 25, 2019, and object to this case." The defendant filed a written objection against the payment order of this case on December 11, 2019, stating "I will raise an objection against the payment order of this case" with only "I present an objection against the payment order of this case," which is the defendant's domicile on November 25, 2019, and the defendant could not assert the facts that the defendant could not assert the defendant's objection against the peremptory period of this case until the conclusion of the pleadings.

According to the above facts, the defendant's objection against the payment order of this case cannot be deemed to constitute a case where the defendant could not comply with the period of objection due to a cause not attributable to the defendant after being served with the payment order of this case. Thus, the defendant's objection against the payment order of this case as of December 10, 2019 and the objection against the late payment order of December 11, 2019 are all filed.

arrow