퇴직금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Whether a subsequent appeal is lawful;
A. As long as the original copy of the judgment of the first instance court was served on the defendant by a service by public notice, the requirements are not satisfied.
Even if the service is valid, the judgment of the court of first instance becomes formally final and conclusive due to the limit of the appeal period, and the legitimacy of the defendant's subsequent appeal is determined separately by whether the defendant's failure to observe the appeal period is due to a cause not attributable to the defendant.
(2) Article 173(1) of the Civil Procedure Act provides that “A party shall be held liable for any cause not attributable to the party” (see, e.g., Supreme Court Decision 2002Da30339, Jul. 27, 2001). In addition, “a cause not attributable to the party” under Article 173(1) of the Civil Procedure Act refers to a cause for not complying with the period despite the party’s due care to perform the procedural acts. In a case where the service of litigation documents during the process of a lawsuit is impossible by public notice as a result of the impossibility of being served by public notice, the parties are obliged to investigate the progress of the lawsuit by public notice from the beginning. Thus, if the parties did not know of the progress of the lawsuit at the court, it cannot be said that there is no negligence. This obligation is to be borne, regardless of whether the party was present and present at the date for pleading, whether
(See Supreme Court Decision 2006Da3844 Decided March 10, 2006, etc.). B.
Facts of recognition
The following facts are clear in the records or obvious in this court:
1) On March 27, 2015, the Plaintiff filed an objection against the Defendant for a return of a retirement allowance (the Defendant’s address: Busan Seo-gu C). (2) On April 14, 2015, the Defendant filed an objection immediately with the recipient of the original of the payment order delivered to the above address.
The address stated by the defendant on the written objection is also the address of the defendant on the above payment order.