물품대금
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. On August 16, 2011, the Plaintiff filed the instant lawsuit with the Busan District Court (201DaDa262135), and the court of first instance submitted it to the Mediation Committee and served the notice of mediation date on the Defendant himself/herself on September 22, 2011, and on October 14, 2011, mediation was not completed. 2) The court of first instance sent the notice of the date for pleading to the Defendant on January 26, 2012, but sent the notice of the date for pleading to the Defendant on the same day.
After all, the court of first instance has served the notice of the date of pleading, the duplicate of the legal brief, and the notice of the sentencing date.
3) On May 11, 2012, the court of first instance concluded the pleading, and sentenced the Plaintiff’s winning judgment on June 1, 2012. On June 12, 2012, the court sent the original of the said judgment to the Defendant on June 12, 2012, but did not serve the said original of the judgment as the director’s unknown, and served the said original of the judgment on June 19, 2012 at the time of July 40, 2012. (iv) The Defendant submitted the instant final appeal on August 7, 2019.
[Grounds for Recognition] Cleared facts in records
B. The Defendant alleged that the Defendant was unaware of the fact that the first instance trial procedure was in progress because he was unable to receive the notice of date for pleading, etc., and that the Defendant received a duplicate of the application filed in the register of defaulters, etc. on August 7, 2019 and became aware of the fact that the instant lawsuit was pending and the judgment was pronounced. Thus, the Defendant asserted that the instant appeal filed within two weeks from the above date is a legitimate appeal.
C. Determination 1) The service is made at the domicile, residence, business office or office of the person receiving the service (Article 183(1) of the Civil Procedure Act). The main text of Article 173(1) of the Civil Procedure Act provides that “In the event a party was unable to comply with the peremptory period due to a cause not attributable to him/her, the litigation may be supplemented within two weeks from the date such cause ceases to exist.