손해배상
1. The plaintiff's appeal shall be dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. An appeal regarding the legality of an appeal for subsequent completion shall be filed within two weeks from the date on which the written judgment was served (Article 396(1) of the Civil Procedure Act). Since the above period is a peremptory term (Article 396(2) of the Civil Procedure Act), the appeal filed after the above period for appeal expires is unlawful as it does not meet the requirements for appeal.
In addition, Article 11(3) of the Act on the Use, etc. of Electronic Documents in Civil Procedure, Etc. provides that electronic delivery or notification shall be made by registering electronic documents to be served by the court administrative officers, junior administrative officers, chief clerks, chief clerks, senior clerks (hereinafter referred to as "third administrative officers, etc.") in the electronic data processing system and electronically notifying the person to be served with the electronic data processing system. In such cases, Article 11(4) of the same Act provides that if it is not confirmed within one week from the date of notification of registration, it shall be deemed that the electronic documents are served on the date of notification of registration
According to the records of this case, the junior administrative officer, etc. of the first instance court, on August 21, 2018, entered the original copy of the judgment of the first instance court in the electronic data processing system and notified the plaintiff, who is the object of electronic document delivery, electronically. The plaintiff's failure to confirm within one week, is deemed to have been served on August 29, 2018, which was the date when the plaintiff was notified. The plaintiff submitted the written appeal of this case on September 19, 2018, when two weeks of the appeal period elapsed.
According to the above facts of recognition, service of the original copy of the judgment of the court of first instance against the plaintiff was lawfully conducted in accordance with the Act on the Use, etc. of Electronic Documents in Civil Procedure, etc., and the plaintiff filed an appeal for the subsequent completion of appeal of this case after the appeal period has expired from the plaintiff. Thus, the plaintiff's appeal period has
Furthermore, Article 173(1) of the Civil Procedure Act is a party.