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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal.
Reasons
Article 173(1) of the Civil Procedure Act regarding the legality of appeal for the completion of the appeal can be supplemented within two weeks from the date when the party concerned was unable to comply with the peremptory period due to a cause not attributable to him/her.
“A cause for which a party cannot be held liable” refers to a cause for which the party could not observe the period even though the party fulfilled its duty of care to conduct the procedural acts.
In this regard, if the defendant was sentenced to a judgment without knowing the fact that the lawsuit had been pending from the beginning, and the defendant became aware of such fact only after the judgment became final and conclusive by means of service of public notice, barring any special circumstance, the failure of the defendant to observe the peremptory period for filing an appeal shall be deemed to be due to any cause not attributable to the defendant (see Supreme Court Decision 2005Da27195, Nov. 10, 2005). According to the records of this case, the first instance court of this case sent the defendant a notice of the complaint and the date of pleading to the defendant by means of service of public notice and the date of pleading, and sent it to the defendant on May 16, 2013. The judgment of this case also was delivered to the defendant by means of service of public notice, and the defendant received the authentic copy of the first instance judgment of this case on August 5, 2020 and delivered it to the defendant by means of service of public notice, and the fact that the defendant raised the appeal of this case can be acknowledged.
Examining the above facts in light of the legal principles as seen earlier, the Defendant was unable to observe the period of appeal due to a cause not attributable to the Defendant, and the Defendant filed an appeal to supplement the instant case within two weeks from the date of appeal due to the lack of such cause. Thus, the appeal to supplement the instant case is lawful by satisfying the requirements for the completion of the litigation.
Judgment on the merits.