손해배상(의)
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
An appeal of legal principles relating to the determination of the legality of the instant appeal shall be filed within two weeks from the date on which the judgment of the first instance court was served (Article 396(1) of the Civil Procedure Act). The foregoing period is a peremptory period.
(Article 396(2) of the Civil Procedure Act. An appeal filed after the lapse of the above appeal period is unlawful as it fails to meet the requirements for appeal.
On the other hand, Article 173(1) of the Civil Procedure Act provides that "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."
Here, “The reason for which the Party cannot be held responsible” refers to the reason why the Party could not comply with the period despite the Party’s due care to conduct the procedural acts (see Supreme Court Decision 2017Da53623, Apr. 12, 2018). In this case, the fact that the original copy of the first instance judgment was served on the Plaintiff on July 17, 2020, is apparent in the record.
(A) According to the proviso of Article 11(4) of the Act on the Use, etc. of Electronic Documents in Civil Procedure, the original copy of the judgment of the first instance shall be deemed to have been served on the Defendant at July 30, 2020, which was electronically notified to the Defendant from July 9, 2020 to July 17, 2020. If the period begins at 0:00 a.m., the first day shall be included (the proviso of Article 157 of the Civil Act), and the appeal shall be filed within two weeks from the date of delivery of the written judgment of the first instance. As such, the Plaintiff filed an appeal by July 30, 2020, including the date of delivery of the written judgment of the first instance as seen earlier, by July 17, 2020, which is the date of delivery of the written judgment of the first instance.
However, as the Plaintiff filed the instant appeal on July 31, 2020 on the following day, the Plaintiff’s appeal is unlawful.
On the other hand, even if the plaintiff's appeal is filed as a subsequent appeal, the "party" is not responsible for the completion of the litigation.