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(영문) 청주지방법원 2016.12.15 2016나1787

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination on the legality of the subsequent appeal

A. The main text of Article 173(1) of the Civil Procedure Act provides, “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.”

The phrase “reasons for which a party cannot be held responsible” refers to the grounds why the party cannot observe the period even though he/she fulfilled generally the duty of care to conduct the procedural acts. In cases where the document of lawsuit cannot be served by means of service by public notice as he/she was normally in the process of the lawsuit and served by public notice, the party is obligated to investigate the progress of the lawsuit from the first delivery of the copy of the complaint to the case where the lawsuit was initiated 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 deemed that the party is responsible for any cause not attributable to the party, and the circumstance that the party was not negligent in failing to observe the period of appeal due to the failure to know of the pronouncement and service of the judgment, shall be asserted and proved by the party to which

(Supreme Court Decision 2014Da211886 Decided October 30, 2014, and Supreme Court Decision 2012Da98423 Decided April 25, 2013, etc. (see, e.g., Supreme Court Decision 2012Da98423, Apr. 25,

According to the records and facts in this court, the defendant was transferred to 115 dong 103 on July 3, 2007, the defendant transferred to Cheongju-gu G apartment 115 dong 103 on July 3, 2007, and the first instance court served a duplicate, etc. of the complaint of this case to the above domicile on January 24, 2008 and received it directly by the defendant. The first instance court served the notice to the above domicile on the date for pleading and served the notice on the date for pleading by means of delivery to the person who is not served on the date for pleading because the director was unknown or the recipient was unknown. The first instance court served on October 22, 2008.