대여금
1. The appeal by the defendant C shall be dismissed;
2. The plaintiff falling under the following order of payment among the judgment of the court of first instance.
1. We examine the legitimacy of the subsequent appeal filed by Defendant C ex officio as to the legitimacy of the subsequent appeal filed by Defendant C.
According to the main sentence of Article 396(1) of the Civil Procedure Act, an appeal shall be filed within two weeks from the date on which the written judgment is served.
However, where a party could not observe the period of appeal due to a cause not attributable to him/her, he/she may supplement the procedural acts within two weeks from the date on which such cause ceases to exist (Article 173(1) of the Civil Procedure Act). In this context, “reasons for which the party cannot be held liable” refers to the reasons why the party could not observe the period even though he/she had exercised the due diligence to do the procedural acts.
In a case where a document of lawsuit is served by public notice because it is ordinarily impossible to serve the document of lawsuit in the course of the lawsuit, such document shall be served by public notice from the first delivery of a copy of complaint to the case where the lawsuit was served by public notice. If a party fails to investigate the progress of the lawsuit and thus fails to abide by the peremptory period, it shall not be deemed that the party is due to any cause not attributable to him.
In this case, Defendant C was directly served a copy of the complaint in this case on March 24, 2015, the notice on the date of pleading as of July 22, 2015, and September 2, 2015, and notice on the date of resumption of pleading as of November 4, 2015, and the attendance at each time at the first instance court’s date of pleading No. 1, 3, and 4th date of pleading and the date of rendering a judgment, respectively, and the fact that the court of first instance ordered Defendant C to serve the certified copy of the judgment as of March 3, 2016, which is after the date of rendering a judgment, by public notice is evident.
In light of this, the defendant C did not perform his/her duty to investigate the progress of the lawsuit even though he/she was obligated to do so, and it cannot be said that he/she could not observe the period of appeal due to any cause not attributable to himself/herself.
The Defendant C’s appeal of this case is an appeal.