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(영문) 부산고등법원 2018.04.18 2018나51617
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

After being served the original copy of the judgment of the court of first instance on December 27, 2017, the Defendant asserted that the appeal period is calculated based on the date when the appellant was served with the original copy of the judgment of the court of first instance after being served on the Plaintiff on the basis of January 3, 2018, and submitted a written appeal for subsequent completion on January 18, 2018, which is within two weeks from the time when the appellant became aware of the fact that the period of appeal is calculated based on the date when the original copy of the judgment was served, through a court administrative officer’s disposition of Grade V, in the process of preparing and submitting a petition of appeal with the knowledge that the period of appeal was calculated based on the point of time when the original copy of the judgment was served on the Plaintiff. However, the Defendant’s subsequent supplement of appeal in this case was lawful

Even if a party fails to observe the period due to a cause not attributable to him/her, it is difficult to say that the period is not observed (see Supreme Court Decision 87Nu770, Feb. 9, 198). The defendant's above assertion is without merit.

Thus, the defendant's subsequent appeal of this case is dismissed as it was filed after the appeal period has expired, and it does not meet the requirements for subsequent completion.

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