지연손해금 등
1. The plaintiff's appeal shall be dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Determination on the legitimacy of a subsequent appeal
A. According to the records of this case, the court of first instance rendered a judgment against the Plaintiff on May 24, 2016, and served the original copy of the said judgment to the attorney I and J, who is the Plaintiff’s legal representative, and reached the above legal representative on the same day. The Plaintiff submitted the written appeal of this case to the Plaintiff on June 10, 2016, when it is obvious that two weeks have elapsed since the date of arrival of the first instance judgment.
B. (1) The Plaintiff’s assertion and judgment (1) revealed that the first instance court’s judgment was rendered on June 9, 2016 on the wind that the Plaintiff’s legal representative delayed sending the judgment, and failed to observe the period of appeal. It constitutes a case where the Plaintiff was unable to observe the peremptory period due to a cause not attributable to the Plaintiff, and thus, the instant appeal for subsequent completion is lawful.
(2) In a case where a party could not have complied with the peremptory period for an appeal due to any cause not attributable to him, the litigation in his negligence may be supplemented within two weeks from the date on which such cause ceases to exist.
The term “reasons for which a party is not liable” as referred to in Articles 173(1) and 396 of the Civil Procedure Act refers to the reasons why the party was unable to observe the period despite the party’s due care to conduct the procedural acts (see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). Since the instant case’s health class and health class, and where the attorney is appointed, the attorney’s ability to serve as a matter of course is to serve on him/her, and as such, it is in principle to serve him/her on him/her. The Plaintiff who filed a lawsuit is obliged to investigate the progress of the lawsuit and to identify the result thereof.
Therefore, as long as the judgment was duly served on the plaintiff's legal representative, the plaintiff's legal representative shall be the plaintiff's legal representative.