대여금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport and purport of the appeal
1. The purport of the claim;
1. In a case where Article 173(1) of the Civil Procedure Act (amended by Act No. 1731), as to the legitimacy of the subsequent appeal, was unable to comply with the peremptory period due to a cause for which the parties cannot be held liable, the court may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist
In this context, "the reason why the party cannot be held liable" refers to the reason why the party could not observe the period even though the party fulfilled its duty of care to conduct the litigation.
Unless there are special circumstances, when the judgment delivered to the defendant by means of service of public notice, the defendant shall be deemed to have failed to know the service of the judgment without negligence. However, if the defendant had already been aware of the fact that the lawsuit was pending in this case, the defendant is obligated to investigate the progress of the lawsuit, and if the defendant did not know the progress of the lawsuit, it shall not be deemed to have been negligent. However, if the defendant was sentenced without knowing the fact that the lawsuit was pending in, and the judgment was delivered to the defendant by means of service of public notice and became final and conclusive, unless there are special circumstances, it shall be deemed that the defendant's failure to observe the peremptory period of appeal due to a cause not attributable to the defendant (see Supreme Court Decision 2005Da27195, Nov. 10, 205, etc.), and the first instance court's delivery of a duplicate of the complaint and notice of pleading to the defendant by means of public notice, and the defendant was also sentenced to the delivery of the plaintiff's appeal on January 24, 2017.