손해배상(기)
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Determination as to the legitimacy of an appeal for subsequent completion (1) Article 173(1) of the Civil Procedure Act refers to the grounds for which the parties could not observe the period despite the parties’ general duty of care to conduct procedural acts. In a case where documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the parties are obliged to investigate the progress of the lawsuit by public notice from the first delivery of the copy of the complaint to the case where the lawsuit was served by public notice. Thus, if the parties failed to investigate the progress of the lawsuit and fails to abide by the peremptory period, it cannot be deemed that the parties’ failure to observe the peremptory period is attributable to the grounds for which the parties cannot be held responsible.
(2) On October 11, 2012, the notice of the date for pleading was sent by registered mail on November 27, 2013 (see Supreme Court Decision 201Da44730, Oct. 11, 2012); (3) on October 15, 2013, the court of first instance concluded pleadings on the said date for pleading; and (4) on October 7, 2014, at the Defendant’s residence located in Seongbuk-gu Seoul Dental Housing 201, the duplicate of the instant complaint was received from the mailman; and (4) on the documents related to the delivery, the document was written as C (spouse); and (2) on December 12, 2013, the court of first instance intended to serve a notice of the date for pleading on the said Defendant’s residence but did not appear on the said date for pleading; (3) on the date for pleading, the court of first instance tried to serve the Defendant’s notice on the said date for pleading 2014, but did not appear on 1314.