보증채무금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The purport of the claim and appeal is the purport of the appeal.
1. The gist of the grounds for appeal was that the Defendant was sentenced to the judgment of the first instance court in the absence of contact by the court, and accordingly, the Defendant was unaware of the fact that the judgment was pronounced, and the Defendant did not file an appeal within the appeal period. Meanwhile, the Defendant’s joint and several liability obligations against the Plaintiff were extinguished due to the lapse of the extinctive prescription period, as well as the Defendant’s joint and several liability obligations against the Plaintiff were extinguished, and the Defendant’s obligation ought to be deemed extinguished due to the lapse of the principal obligor C’s obligation, and thus, the Defendant’s obligation ought
2. Whether a subsequent appeal is lawful;
A. Unless there are special circumstances, such as that the service of the original copy of the judgment in the first instance is null and void, the appellant shall file an appeal within two weeks from the date on which the original copy of the judgment was served as a peremptory term (Article 396 of the Civil Procedure Act). If a party is unable to comply with the peremptory term due to any cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist (Article 173(1)2 of the Civil Procedure Act). Meanwhile, “reasons not attributable to a party” under Article 173(1) of the Civil Procedure Act refers to a cause for failure to comply with the relevant period despite the party’s due care to perform procedural acts, and where the document of lawsuit is served by public notice as a result of the failure of delivery of the original copy of the written complaint to serve by public notice. Thus, if a party fails to investigate such situation and thus fails to observe the peremptory term, the party cannot be held liable due to such cause.