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(영문) 부산지방법원 2021.03.31 2020나3113
손해배상
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and the appeal.

Reasons

In order to recognize the appeal for the subsequent completion pursuant to Article 173 of the Civil Procedure Act as lawful, it is required that the parties could not observe the peremptory period of the appeal due to any cause not attributable to them, and that they have filed an appeal, which is a procedural agent, negligent within two weeks from the date of the appeal due to the lack of such cause.

Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party is not liable” refers to a reason for failure to comply with the period despite the party’s exercise of the duty to perform the procedural acts. In a case where the party is unable to serve the litigation documents by means of ordinary means during the process of the lawsuit and served them by means of public notice, the first delivery of a copy of the complaint through public notice is different from the case where the lawsuit is served by means of public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to comply with the peremptory period as he/she fails to investigate the progress of the lawsuit and fails to comply with such peremptory period, it cannot be said that the party is due to any reason for which he/she is not responsible (see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). According to Article 186(1) of the Civil Procedure Act, if the party fails to do so at a place other than his/her domicile, he/she shall be served with a person living together with a person who is unable.

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