손해배상(기)
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. Determination as to the legitimacy of the subsequent appeal of this case
A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason for failure to comply with the period despite the party’s exercise of general duty to act in the course of litigation. In a case where the documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the documents of lawsuit cannot be served by public notice, the first delivery of the copy of the complaint to the case where the lawsuit was served by public notice, and thus the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, it cannot be said that the party is due
Furthermore, the circumstances that there was no negligence in failing to observe the appeal period due to the lack of knowledge of the declaration and service of the judgment should be asserted and proved by the parties who intend to supplement the appeal later.
(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). B.
The Defendant, as a licensed real estate agent, sent a copy of the instant complaint to the office of “D” (hereinafter “instant office”); the court of first instance, as the registered business operator of the instant office; and the Defendant received the instant complaint on March 21, 2016; the court of first instance, as the case did not serve the Defendant a notice of the first instance judgment; however, the court of first instance sent the notice to the Defendant on May 12, 2016, and served it to the Defendant by means of dispatch; the first instance court, upon the pronouncement of the first instance judgment, served the original copy of the judgment to the Defendant by public notice on June 11, 2016; the Defendant submitted the instant appeal to the instant court on July 29, 2016 at the expiration of two weeks; and the first instance court became aware of the instant lawsuit from the search of the Supreme Court’s first instance judgment on July 18, 2016.