대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Whether a subsequent appeal is lawful;
A. Unless there are special circumstances, such as that the service of the original copy of the judgment in the first instance is null and void, the appellant shall file an appeal within two weeks from the date on which the original copy of the judgment was served, as a peremptory term (Article 396 of the Civil Procedure Act). If a party is unable to comply with the peremptory term due to a cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist (Article 173(1)2 of the Civil Procedure Act). Meanwhile, “reasons not attributable to a party” under Article 173(1) of the Civil Procedure Act refers to a cause for failure to observe the relevant period despite the party’s due care to perform procedural acts, and where the document of lawsuit is served by public notice due to a cause not being served by public notice while the lawsuit is in progress, and thus, the party is obliged to investigate the situation at the date of pleading, regardless of whether the party was unable to be liable or whether the party was present at the date of pleading.
(Supreme Court Decision 2014Da211886 Decided October 30, 2014, and Supreme Court Decision 2014Da74247 Decided January 15, 2015, etc.) B.
Facts of recognition
The following facts are obvious in the records or significant in the trial:
1 The Plaintiff filed the instant lawsuit against the Defendant on October 23, 2017.
The duplicate of the complaint of this case was served on November 2, 2017; November 3, 2017; November 6, 2017; November 6, 2017; respectively.