임대차보증금반환
1. Of the judgment of the court of first instance, the part against the primary defendant B that exceeds the amount ordered to be paid below.
1. Article 173(1) of the Civil Procedure Act provides that where a party could not observe the peremptory period due to a cause not attributable to the party, it may supplement the procedural acts 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 not attributable to the party” refers to the reason why the party could not observe the period even though he/she fulfilled his/her duty of care to conduct procedural acts, even though he/she fulfilled his/her duty of care to do so.
In a case where the original copy of the judgment was delivered to the defendant by means of service by public notice, the defendant shall be deemed to have failed to know the service of the judgment without negligence, except in special circumstances. However, if the defendant had already known the fact that the lawsuit was pending, the defendant is obligated to investigate the progress of the lawsuit, and if the defendant did not know the progress of the lawsuit before the court, it shall not be deemed to have been negligent. However, if the defendant was sentenced without knowing the fact that the lawsuit was pending, and the original copy of the judgment was delivered to the defendant by public notice and became aware of such fact only after the judgment became final and conclusive, it shall be deemed that the defendant was unable to observe the peremptory
(1) The court of first instance rendered a judgment in favor of the Plaintiff on October 31, 2014 by serving a copy of the complaint and a notice on the date for pleading against the Defendant B by public notice, etc., and rendered a judgment in favor of the Plaintiff on November 31, 2014. The original copy of the judgment was also served on the Defendant B by public notice, and the Defendant B presented the first instance judgment on November 21, 2014 and presented the lease deposit amount to the Plaintiff. The judgment was also served on the Plaintiff by public notice. The Defendant B presented the first instance judgment and presented the lease deposit amount to the Plaintiff on November 21, 2014.