손해배상 등
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The Defendant’s appeal of this case’s main defense is unlawful as it was filed after the lapse of the appeal period, in the absence of any grounds not attributable to the Defendant.
2. Determination
A. Under Article 173(1) of the Civil Procedure Act, where a party is unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may subsequently complete the procedural acts within two weeks from the date on which such cause ceases to exist. The phrase “reasons for which the party cannot be held liable” under the said Article refers to the grounds for not complying with the period, despite the party’s due care to do the procedural acts, and where documents of lawsuit cannot be served by means of service by public notice are ordinarily in the course of litigation, and where documents of lawsuit cannot be served by public notice are ordinarily in the course of litigation and served by public notice, it is different from the cases in which the lawsuit was served by public notice from the first written complaint to the case in which the party was served by public notice. Thus, if the party fails to investigate the progress of lawsuit and fails to comply with the peremptory period
(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). B.
Judgment
In the first instance court, the Plaintiff submitted an application for time change of date or the date of pleading to the court of first instance, and submitted a written opinion, and the Plaintiff did not appear on the date of pleading, and after the pleading has been closed, the application for resumption of pleading and the preparatory documents were submitted. Since the first instance court sent an authentic copy of the judgment to the address indicated in the written complaint, but is not served due to the absence of closure, etc., the authentic copy of the judgment on January 9, 2020 was served on January 24, 2020 and served on January 24, 2020, and the fact that the Plaintiff submitted the written appeal of the instant case on March 30, 202
Examining the above facts in light of the above legal principles, the first case is the case.