임금
1. The plaintiff's appeal shall be dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts in which he/she neglected within two weeks from the date such cause ceases to exist,” the term “reasons not attributable to the party” in this context refers to the grounds for which the party could not comply with the period, even though he/she had paid general attention for conducting the procedural acts, even though he/she had exercised due diligence to do so.
However, in a case where the service of documents relating to a lawsuit was inevitable by public notice as a result of the impossibility of being served in a usual way during the course of the lawsuit, the party is obligated to investigate the progress of the lawsuit by public notice, unlike the case where the first copy of the complaint was served by public notice from the time when the lawsuit was served by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to observe the peremptory period, it cannot be deemed that
(1) According to the records, the Plaintiff filed the instant lawsuit against the Defendant on October 11, 2012 (see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). The Plaintiff stated the Plaintiff’s address as “3, 315, Incheon Bupyeong-gu F buildings, 315,” and the court of first instance delivered a duplicate of the reply at the court of first instance, and the first date for pleading to the above address. The Plaintiff was present at the first date for pleading, which closed the first instance trial and closed the first instance court’s pleading and present at the second date for pleading, and the subsequent date for first conciliation. The Plaintiff did not submit a separate report on the withdrawal of the application for witness from the court of first instance on March 11, 2014; the preparatory document on September 1, 2014; and the report on the change of the address as reference material to the court of first instance on October 15, 2014.