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(영문) 춘천지방법원 강릉지원 2018.05.15 2017나31507
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is the same as the ground of the judgment of the court of first instance, except where the judgment of the court is added as to the legitimacy of an objection to the completion of the completion of the procedure, thereby citing it as it is in accordance with the main sentence

(2) The grounds for appeal by the Plaintiff, other than the addition, do not differ significantly from the allegations in the first instance court, and the facts-finding and determination in the first instance court are deemed legitimate). 2. The Plaintiff stated on the fourth day for pleading of the first instance court that “No dispute is raised against the subsequent completion of the period for submitting a written objection for payment order” on the fourth day for pleading of the first instance court. However, whether the subsequent completion objection is lawful is a matter of ex officio examination as a litigation requirement, and thus, it is not subject to confession.

Plaintiff’s assertion

The original copy of the instant payment order was legally served on the Defendant on April 4, 2014 pursuant to Article 186(2) of the Civil Procedure Act.

However, the payment order of this case became final and conclusive because the defendant did not raise an objection within two weeks after being served with the original copy of the payment order of this case. The defendant's objection to the subsequent completion of this case is unlawful.

B. 1) The service under the Civil Procedure Act is, in principle, based on the address, residence, place of business, or office of the person receiving the service (hereinafter “location, etc.”).

(1) If the person receiving service is not aware of, or is unable to serve at, the place of service (Article 183(1) of the Civil Procedure Act), the address, etc. of another person employed by the person receiving service as an employment, delegation or other legal act (hereinafter referred to as “work place”).

A service may be made at a work site (Article 183(2) of the Civil Procedure Act). As such, “service at a work site” can be made only when the person receiving the service is unaware of the address, etc. of the person receiving the service or when the service cannot be made at that place.

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