진료비 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Judgment as to the defendant's defense prior to the merits
A. The Defendant’s defense prior to the merits was issued on July 10, 2019 by the original copy of the judgment of the first instance, and thereafter filed the instant appeal only on July 31, 2019 when the period of appeal expires. As such, the Plaintiff’s appeal is unlawful.
B. Pursuant to Articles 177(2) and 210 of the Civil Procedure Act of the judgment, a Junior Administrative Officer, etc. shall deliver the written judgment to the parties concerned with the original copy. If a Junior Administrative Officer, etc. delivers the documents to the party to whom the document was delivered within the court and received the receipt, the service of the written judgment becomes effective. Thus, if a Junior Administrative Officer, etc. delivers the original of the judgment to the party
Meanwhile, Articles 399(2) and 402(2) of the Civil Procedure Act provide that if the presiding judge of the original instance fails to dismiss the petition of appeal, the presiding judge of the appellate instance shall dismiss the petition of appeal by his order, even though it is obvious that the period of appeal has expired, so long as it is obvious that the presiding judge of the original instance issued an order to revise the stamp without dismissing the petition of appeal, and accordingly, even if the stamp has been corrected or corrected, the presiding judge of the appellate instance shall dismiss the petition of appeal by his order.
(2) In light of the above legal principles, the court below held that the Plaintiff was issued the original copy of the judgment of the court of first instance on July 10, 2019, and that the Plaintiff filed the instant appeal with the court on July 31, 2019, in light of the above legal principles, the court below held that the Plaintiff was issued the original copy of the judgment of the court of first instance on July 10, 2019, and that the Plaintiff was issued the original copy of the judgment of this case on July 31, 2019. However, the above circumstance alone is insufficient to recognize that a junior administrative officer, etc. issued the original copy of the judgment of the court of first instance to the Plaintiff upon application for issuance of the original copy of the judgment
2. The plaintiff's assertion and judgment are as follows.