logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.02.06 2019다284728
치료비,손해배상,이자 등
Text

The appeal shall be dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Judgment ex officio is made.

1. Article 173(1) of the Civil Procedure Act provides, “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date such cause ceases to exist.”

The term "reasons for which the parties cannot be held responsible" refers to the reasons why the parties could not comply with the period despite the parties' due diligence to do the procedural acts.

In a case where the service of documents by public notice is inevitable as a result of the impossibility of being served during the course of a lawsuit, the parties are obliged to investigate the progress of the lawsuit from the beginning, different from the case by public notice.

Therefore, if the parties did not know the progress of a lawsuit before the court, it shall not be deemed that there is no negligence by the parties. Such obligations are borne, regardless of whether the parties present at the date of pleading and present at the date of pleading, whether the parties were notified of the date of pleading following the date of pleading,

(see, e.g., Supreme Court Decision 2006Da3844, Mar. 10, 2006). 2. The record reveals as follows.

A. After the submission of a complaint, the Plaintiff appeared at the first and second date for pleading of the first instance court. On August 7, 2018, after receiving an original copy of the judgment, the Plaintiff submitted a petition of appeal on August 20, 2018.

B. The Plaintiff was present on the first day for pleading of the lower judgment, and was notified of the following date for pleading, but did not appear on the second day for pleading.

The court of original judgment concluded the pleading on the second date for pleading, and served the notice of pronouncement on the plaintiff, but is not served on the plaintiff due to the addressee's unknown address.

C. On June 19, 2019, the lower court rendered a judgment dismissing the Plaintiff’s appeal, and served the original copy of the judgment on the Plaintiff.

arrow