2012Hu719 (D) Nullification of Registration

Busan High Court Decision 201

Defendant

Patent Attorney Lee Jae-woo, Counsel for the defendant-appellant

Patent Court Decision 201Heo9634 Decided December 23, 2011

May 24, 2012

The appeal shall be dismissed.

The costs of appeal are assessed against the Plaintiff.

ex officio, the appeal of this case is examined as to the legitimacy.

Article 11(3) of the Act on the Use, etc. of Electronic Documents in Civil Procedure, Etc. provides that electronic delivery or notification shall be made by registering electronic documents to be served by the court administrative officer, junior administrative officer, chief clerk, chief clerk, or senior clerk (hereinafter referred to as "third administrative officer, etc.") in the electronic data processing system and electronically notifying the person to be served with such fact. In such cases, Article 11(4) of the same Act provides that if it is not confirmed within one week from the date of notification of the registration, it shall be deemed to have been served on the date of notification of the registration.

According to the records, a junior administrative officer of the lower court entered the original copy of the lower judgment on December 28, 201, in the lower court’s bonded processing system, and electronically notified the Plaintiff, who is a person subject to electronic delivery. The Plaintiff confirmed the original copy of the lower judgment on the same day, and on the other hand, the Plaintiff confirmed on February 8, 2012.

Recognizing that the petition of appeal of this case was filed.

Therefore, even if the Plaintiff deemed to have received the original copy of the lower judgment on December 28, 2011, it is evident that the Plaintiff submitted the petition of final appeal on February 8, 2012, which is subsequent to the lawful period of final appeal. Therefore, the instant final appeal is unlawful. Therefore, without examining the grounds of final appeal, the final appeal is dismissed, and the costs of final appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul

Justices Park Il-il

Justices Min Il-young

Justices Park Poe-young