부당이득금
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 that "If a party is unable to observe 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, "reasons not attributable to the party" means the reasons why the party was unable to observe the period, even though he/she performed the duty of care generally required for conducting the litigation.
However, barring any special circumstance, the Defendant’s failure to observe the peremptory period of filing an appeal should be deemed as attributable to any cause not attributable to the Defendant, unless the Defendant was aware of the fact that the lawsuit had been pending, and the original copy of the judgment was served to the Defendant by public notice and became aware of such fact.
(1) In light of the following facts, the court of first instance rendered a judgment accepting the Plaintiff’s claim on June 28, 2016, and delivered the original copy of the judgment to the Defendant by means of service by publication on August 16, 2016, and the overall purport of the facts and arguments to this court: (i) the duplicate of the instant case on May 25, 2016; (ii) the notice on the date of pleading on June 3, 2016; and (iii) the Defendant’s parents were living together with the Defendant on his/her resident registration and received the said documents; and (iv) the court of first instance rendered a judgment accepting the Plaintiff’s claim on July 19, 2016; and (v) the original copy of the first instance judgment was sent to the Defendant by means of service by publication on August 16, 2016; and (v) the Defendant was present on the date of pleading from November 30, 2015 to June 17, 2017.
According to the above facts, the above facts of recognition are examined.