손해배상금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. Whether a subsequent appeal is lawful;
A. The following facts are acknowledged according to the records of this case.
1) In filing the instant lawsuit on October 4, 2018, the Plaintiff entered the Plaintiff’s domicile as “Seoul Gangseo-gu C and D”. The first instance court sent the notice of the first date for pleading to the Plaintiff’s domicile. When it was impossible to serve the said documents due to the absence of closure, the service of the said documents was made by means of dispatch and publication on January 15, 2019. (2) On the first instance court’s date for pleading on March 20, 2019, the Plaintiff’s father E appeared as the legal representative on the said date, and on the second date for pleading that was in progress on June 26, 2019, the Plaintiff was present.
On July 24, 2019, the first instance court closed the pleadings at the second date for pleading, and designated the sentencing date and notified the Plaintiff of the sentencing date.
On July 24, 2019, the first instance court sentenced the judgment of the first instance on July 24, 2019 and sent the original copy of the judgment to the address recorded in the written complaint. When it is impossible to serve the original copy due to the absence of closure, the original copy of the judgment was served by public notice, and on September 17, 2019,
3) On November 26, 2019, the Plaintiff submitted the instant written appeal for the subsequent completion of the lawsuit. (b) The term “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the grounds for not complying with the period despite the party’s due care to perform the procedural acts. In a case where the documents of lawsuit cannot be served by means of ordinary means during the process of the lawsuit and served by public notice, the first delivery of the copy of the complaint was made by public notice, and thus, the party is obliged to investigate the progress of the lawsuit by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory period, it cannot be said that the party is attributable to any cause not attributable to the party (Supreme Court).