구상금
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 on the legitimacy of a subsequent appeal
A. The facts of recognition: ① the Plaintiff filed the instant lawsuit seeking reimbursement against the Defendant on December 23, 2014; ② the court of first instance served the Defendant’s original copy of the first instance judgment, which accepted the Plaintiff’s claim on March 26, 2015, as “Seongnam-gu E”, which is the Defendant’s domicile as indicated in the instant complaint; ③ the Defendant received it on January 7, 2015; ③ the Defendant did not submit a written reply within 30 days from the date of service of the duplicate of the instant complaint; the court of first instance served the Defendant’s notice of the sentencing date as his/her domicile; and the Defendant’s mother F was received as his/her cohabitant on March 3, 2015; ④ the court of first instance served the Defendant’s domicile on March 26, 2015, and served the Defendant’s mother Faf on the record or received it on April 1, 2015.
B. Unless there exist special circumstances, such as that the service of the original copy of the judgment of the court of first instance is null and void, an appellant shall file an appeal within two weeks from the date when the original copy of the judgment has
(Article 396 of the Civil Procedure Act). If a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.
(Article 173(1) of the Civil Procedure Act. On the other hand, in an appeal for subsequent completion, the reason for subsequent completion must be proved unless the existence thereof is known to the court or it is obvious to the court. Thus, a person who files an appeal for subsequent completion is unable to comply with the peremptory period for filing an appeal due to any cause not attributable to himself/herself, and a person files an appeal which has been neglected within two weeks after such cause ceases to exist.