Main Issues
If the supplementary intervenor commences from the day on which service of judgment was rendered by the supplementary intervenor, even if it falls within the period of final appeal, if the original intervenor has expired the period of final appeal, the supplementary intervenor’s final appeal shall be deemed to be unlawful.
Summary of Judgment
In a case where the defendant and the defendant joining the defendant jointly filed a joint petition of appeal against the defendant joining the defendant, if the appeal filed within two weeks from the time when the original copy of the judgment was served on the defendant joining the defendant, even if the appeal filed in the name of the defendant joining the defendant within two weeks, if the period of appeal has already expired since the relation against the defendant who is the party joining the defendant, the appeal filed by the defendant joining the defendant is also dismissed, and
[Reference Provisions]
Article 70 of the Civil Procedure Act
Plaintiff-Appellee
Plaintiff
Defendant-Appellant
Defendant
Intervenor joining the Defendant-Appellant
Intervenor joining the Defendant
Judgment of the lower court
Seoul High Court Decision 66Na2409 decided May 7, 1969, Seoul High Court Decision 66Na2409 decided May 7, 1969
Text
All appeals shall be dismissed.
The costs of appeal are assessed against the defendant and the defendant joining the defendant.
Reasons
ex officio a decision,
According to the records of the case, the original judgment's delivery of the original judgment to the defendant himself was effective on May 20, 1969, and the defendant and the defendant's defendant's defendant's joint signature was submitted on June 4, 1969, and the defendant's final appeal was submitted on May 22, 1969. The defendant's final appeal was filed on June 4, 1969, and the defendant's principal's final appeal was filed on June 4, 1969, and the supplementary intervenor cannot conduct any procedural act in which it is apparent that the defendant's final appeal period has expired, and the supplementary intervenor cannot conduct any procedural act in which the defendant's final appeal cannot be filed in accordance with the degree of the lawsuit at the time of participation. Thus, even if the final judgment was served on the defendant's original judgment against the defendant, the final appeal under the name of the defendant's intervenor is filed within 2 weeks from the time the original judgment was served on the defendant's original judgment against the defendant. Thus, if the defendant's final appeal period has already been warneded
Therefore, according to Articles 395 and 383 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.
The presiding judge of the Supreme Court (Presiding Judge)