양수금
1. The appeal by the defendant A shall be dismissed;
2. The part against the defendant in the judgment of the court of first instance shall be revoked, and the revoked part shall be revoked.
1. Determination as to the claim against Defendant A
A. Unless there are special circumstances, such as that the service of the original of the judgment in the first instance is null and void, an appellant shall file an appeal within two weeks from the date when the original 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 period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.
(Article 173(1) of the Civil Procedure Act. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to the reason why the party could not comply with the period even though the party fulfilled his/her duty of care to conduct procedural acts.
In case where documents of lawsuit are served by means of service by public notice, since it is normally impossible to serve documents of lawsuit in the course of proceedings, the service by public notice of the first written complaint shall be from the service of the copy of the complaint to the case where the lawsuit is pending by public notice, and the parties
If a party fails to comply with the peremptory period by investigating the progress of the lawsuit, it shall not be deemed that the party is due to any cause not attributable to him/her.
Parties shall bear such obligations without asking whether they were present and present at the date of pleading, or whether they were notified of the following date of pleading at the date of pleading at which they were present, and whether they have appointed an attorney.
(Supreme Court Decision 2014Da211886 Decided October 30, 2014). B.
On March 8, 2012, Defendant A served a duplicate of the complaint of this case, a written application for the correction of indication of the party, the purport of the claim, and the application for alteration of the cause thereof. Defendant A served a notice on May 23, 2012, and appeared on the date of the first instance trial (on June 7, 2012) and on the date of the first instance trial (on June 7, 2012), and the court of first instance sentenced Defendant A to the said judgment on July 26, 2012, and the original copy of the judgment is unknown.