손해배상(기)
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. Whether the subsequent appeal of this case is lawful
A. The Plaintiff’s assertion did not know that the judgment became final and conclusive if the Plaintiff did not file an appeal within two weeks after first proceeding with the Plaintiff’s civil procedure. The Plaintiff’s mother received the original copy of the judgment, and later delivered it to the Plaintiff, thereby failing to observe the appeal period.
B. The appeal for judgment shall be filed within two weeks from the day on which the judgment was served (the main sentence of Article 396(1) of the Civil Procedure Act), and the period shall be a peremptory term (Article 396(2) of the same Act): Provided, That where a party is unable to comply with the peremptory term due to any cause not attributable to him/her, he/she may supplement the litigation conducted in his/her negligence within two weeks from the day on which such cause ceases to exist (Article 173(1) main sentence of the same Act). Here, “reasons for which the party cannot be held responsible” refers to the grounds for which the party could not comply with the period even though he/she had paid general attention
According to the records (see, e.g., Supreme Court Decision 2014Da211886, Oct. 30, 2014). According to the records, the original copy of the judgment of the first instance was served on C on March 5, 2018 by the Plaintiff’s mother living together with the Plaintiff. The Plaintiff submitted a written appeal for the completion of the appeal on March 30, 2018, which is after the lapse of the period for appeal after the lapse of two weeks from the Plaintiff. The circumstance alleged by the Plaintiff does not constitute a case where the period for appeal is not observed due to a cause not attributable to the Plaintiff, and there is no other evidence to acknowledge it otherwise, the Plaintiff’s appeal is unlawful since it was filed after the period for
2. If so, the plaintiff's appeal is inappropriate, and it is so decided as per Disposition by the assent of all participating Justices.