1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Article 173(1) of the Civil Procedure Act provides, “Where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons for which the party cannot be held liable” means the reasons why the party could not observe the period, even though he/she performed the duty of care generally required for conducting the litigation.
However, barring any special circumstance, barring any special circumstance, the Defendant’s failure to observe the peremptory period of filing an appeal should be deemed as attributable to a cause not attributable to the Defendant, if the judgment was rendered without knowing the fact that the Defendant had been pending, and only after the original copy of the judgment was served to the Defendant by public notice and became aware of such fact.
(2) According to the records of this case, the court of first instance (see, e.g., Supreme Court Decision 2005Da27195, Nov. 10, 2005). The records of this case reveal the following: (a) the court of first instance served the Defendant with a notice of a duplicate of the complaint of this case and the date of pleading by public notice; and (b) rendered a judgment accepting the Plaintiff’s claim on December 14, 2016; (c) the original judgment also served on the Defendant by public notice; (d) the Defendant becomes aware that the judgment of the first instance was served by public notice after obtaining a certified copy of the first instance judgment of this case on January 8, 2019; and (e) the Defendant filed an appeal for the completion of delay
Examining the above facts in light of the legal principles as seen earlier, the Defendant was unable to observe the period of appeal due to a cause not attributable to the Defendant, and the Defendant filed an appeal to supplement the instant case within two weeks from January 8, 2019, which was the date on which the cause ceases to exist. As such, the instant appeal to supplement the litigation satisfies the requirements for the subsequent completion of the litigation.