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(영문) 수원지방법원 2016.09.27 2015나35437
공사대금
Text

1. All appeals by the Defendants are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

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

The phrase “reasons for which a party cannot be held responsible” refers to the grounds why the party cannot observe the period even though he/she fulfilled generally the duty of care to conduct the procedural acts. In cases where the document of lawsuit cannot be served by means of service by public notice as he/she was normally in the process of the lawsuit and served by public notice, the party is obligated to investigate the progress of the lawsuit from the first delivery of the copy of the complaint to the case where the lawsuit was initiated by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory period, it cannot be deemed that the party is responsible for any cause not attributable to the party, and the circumstance that the party was not negligent in failing to observe the period of appeal due to the failure to know of the pronouncement and service of the judgment, shall be asserted and proved by the party to which

(2) According to the records, the Defendants received each of the instant copies filed on June 2, 2014 from “Seongnam-gu, Sungnam-gu, 509,” but the court of first instance did not submit a written response and served the notice on July 31, 2014 as the Defendants’ domicile, but did not serve each of them on the Defendants’ domicile, and notified the Defendants of the delivery date by means of delivery, as they failed to serve the notice, on October 28, 2014, and on April 28, 2014, respectively.

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