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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Article 173(1) of the Civil Procedure Act provides that “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 litigation by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons for which the party cannot be held liable” means the reasons why the party could not observe the period, even though he/she performed the duty of care generally required for conducting the litigation.
However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant
(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). According to the records of this case, the first instance court rendered a judgment citing the Plaintiff’s claim on August 9, 2016 after serving a copy of the complaint against the Defendant, a written guidance for litigation, and a written notice of the date of pleading by public notice, with respect to the Defendant, and then serving the Defendant as a means of service by public notice. The Defendant filed an application for perusal and duplication of the records of this case with the first instance court on April 1, 2019 and filed an application for perusal and duplication of the records of this case with the same month.
2. It is recognized that a certified copy of the judgment was filed subsequent appeal of this case on the same day.
According to the above facts, the defendant's failure to observe the peremptory period of filing an appeal is due to a cause not attributable to the defendant.