손해배상(기)
1. Revocation of the first instance judgment.
The counterclaim claim filed by the counterclaim Defendant is dismissed.
2.(a)
. at the trial.
Any counterclaim and any counterclaim shall be judged together.
1. Whether a subsequent appeal is lawful;
A. If a copy of the complaint, an original copy, etc. of the judgment were served by service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence, and in such a case, the defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, he/she is entitled to file an appeal for subsequent appeal within two weeks after such cause ceases to exist
The term "after the cause has ceased to exist" refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, instead of simply knowing the fact that the judgment was delivered by public notice. Thus, barring any special circumstances, it should be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative inspected the records of the case or received a new original of the judgment
(Supreme Court Decision 2010Da75044, 75051 Decided January 10, 2013). B.
Judgment
According to the records of this case, the first instance court rendered a judgment citing all the claims of the counterclaim Defendant on October 8, 2015, following the process of the lawsuit by public notice against the counterclaim Defendant by public notice. On October 9, 2015, the original judgment was served on the counterclaim Defendant by public notice, and the counterclaim Defendant received the original copy of the judgment on March 28, 2016 and became aware of the progress and result of the lawsuit of the first instance and filed the appeal of this case on March 28, 2016.
According to the above facts, the counterclaim defendant failed to observe the peremptory period for filing a lawsuit is due to any cause not attributable to the counterclaim defendant. Thus, the appeal of this case filed by the counterclaim defendant within two weeks from the time he became aware that the judgment of the court of first instance was served by service by public notice is lawful.
2. Basic facts
A. The Lessee is a person who carries on the transportation business with the trade name of “C”.