손해배상(기)
The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of litigation shall be borne by the plaintiff.
purport.
1. Whether a subsequent appeal is lawful;
A. The summary of the Plaintiff’s defense of this safety was served on October 21, 2019 with the original copy of the decision on the seizure and collection order of the Incheon District Court 2019TTT 2019TT 17929, and on February 24, 2020, with the original copy of the decision on the seizure and collection order of the same court 2019TT 20690, and on February 24, 2020, the Defendant actually collected KRW 927,108 in accordance with the collection order of the above 2019TT 20690 from the Defendant’s new bank account on February 24, 2020. Thus, the Defendant was aware of the existence of the first judgment.
Therefore, the appeal of this case is unlawful because it does not constitute a case where the defendant was unable to comply with the peremptory term due to a cause not attributable to the defendant.
B. Article 173(1) of the Civil Procedure Act provides that “If 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” refers to the grounds for failure to comply with the period, even though the party performed his/her duty of care to conduct the litigation,
However, in a case where the original judgment was served on the Defendant by public notice, barring any special circumstance, the Defendant shall be deemed to have failed to know the service of the judgment without fault. If the Defendant was sentenced from the beginning without knowing the continuation of a lawsuit and the Defendant became aware of such fact only after the original judgment was served to the Defendant by public notice, barring any special circumstance, it shall be deemed that the Defendant’s failure to observe the peremptory period for filing an appeal due to any cause not attributable to the Defendant.
(see, e.g., Supreme Court Decision 2005Da27195, Nov. 10, 2005). The first instance court’s notice of the complaint against the defendant, the duplicate of the complaint against the defendant, the litigation guide, and the date of pleading by public notice.