손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Determination as to the legitimacy of the subsequent appeal of this case
A. The defendant's appeal filed after the deadline for legitimate appeal of the plaintiff is unlawful.
(2) The defendant is not liable for failure to observe the appeal period due to the service of the first instance court by public notice by defendant.
B. (1) On April 16, 2013, the Plaintiff filed the instant lawsuit.
The court of first instance issued an order of correction to the plaintiff's attorney, if the copy, etc. of the complaint is not served due to the addressee's unknown address or other impossibility of service.
Plaintiff
On June 12, 2013, the defendant sent a copy of the complaint, etc. to Msan prison on June 14, 2013, and the employee received it on June 14, 2013.
(2) As the Defendant did not submit a written answer even after receiving a duplicate of the complaint, the court of first instance designated the sentencing date as 0:00 on December 19, 2013 without holding any pleadings pursuant to Article 257 of the Civil Procedure Act, and sent the notice of the sentencing date to the Msan Prison, and received it on December 2, 2013 by that employee.
(3) The court of the first instance rendered a judgment on the date of the above sentence and served the authentic copy to the Mt. Mt. prison, but at that time, it was impossible to serve the authentic copy of the judgment on January 2, 2014, by means of public notice.
(4) On July 22, 2015, the Defendant issued a certified copy of the judgment of the first instance court on July 22, 2015, and applied for perusal and duplication of the records of trial on September 7, 2015.
(5) On September 17, 2015, the Defendant submitted the instant written appeal for the subsequent completion.
(6) The defendant is qualified as a certified judicial scrivener and has been operated by a certified judicial scrivener office.
[Reasons for Recognition] Facts clear or without dispute on records, and the purport before the pleading
C. In general, it is common to view that a subsequent appeal is lawful in the event a lawsuit is pending by means of a judgment service by public notice and a judgment is rendered.
However, this was served by public notice from the beginning.