차용금
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.The following facts of recognition shall be apparent in the records or significant to this Court:
On November 8, 2016, the Plaintiff filed the instant lawsuit against the Defendant. On November 11, 2016, the Defendant received a duplicate of the instant complaint from Ulsan-gu D, Ulsan-gu, the Defendant’s domicile, through a cohabitant C.
B. The Defendant did not submit a written reply within 30 days from the date on which the duplicate of the instant complaint was served, and the first instance court sent a written notice of the date of pleading to the Defendant’s domicile, but did not serve the documents on the grounds of the absence of closure, and rendered a judgment in favor of the Plaintiff on March 3, 2017.
C. Although the first instance court sent the original copy of the judgment of the first instance to the Defendant’s address, it was served on March 16, 2017 by means of service, and on March 31, 2017, the service became effective.
On April 2, 2018, the Defendant submitted the instant written appeal for the subsequent completion to two weeks from the date of entry into force.
2. Determination on the legitimacy of a subsequent appeal
A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason for failure to comply with the period, even though the party fulfilled generally required care for conducting the said procedural acts. In a case where the documents of lawsuit cannot be served by means of ordinary means during the course of the lawsuit and served by public notice, the delivery of a copy of the complaint was made by public notice, and thus, the party is obliged to investigate the progress of the lawsuit from the beginning. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, it cannot be said that the party is attributable to any reason for not being held responsible.
(See Supreme Court Decisions 2004Da16082 delivered on July 22, 2004, and Supreme Court Decision 2006Da3844 delivered on March 10, 2006, etc.). The Supreme Court rulings and rulings are given.