Text
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. The following facts of recognition are apparent to be recorded:
On December 23, 2011, the Plaintiff filed the instant lawsuit against the Defendant by Seoul Northern District Court 201Da193568, and the said warden was served as “D Schools in Jongno-gu Seoul Metropolitan Government C”, the Defendant’s domicile.
B. On February 15, 2012, the Defendant directly received a duplicate of the instant complaint and a guide for litigation, and submitted a written response to the said court on March 14, 2012.
C. On May 17, 2012, the court of first instance served a notice of the date of first pleading (the date of first pleading, May 17, 2012) on the Defendant’s domicile as the Defendant’s domicile. On April 2, 2012, the court served the notice on the date of first pleading on April 9, 2012.
On June 7, 2012, the court of first instance concluded the pleadings while the defendant was absent on the date of first pleading, and designated and notified the date of adjudication as 0:00 on June 7, 2012.
E. On May 23, 2012, the court of first instance served a notice of the sentencing on the Defendant’s domicile, and served the notice on May 30, 2012, when the service was impossible due to the addressee’s unknown address.
F. On the date of sentencing, the court of first instance rendered a judgment accepting part of the Plaintiff’s claim while the Plaintiff and the Defendant were absent, and served the original copy of the judgment with the Defendant’s above address, but it was impossible to serve the original copy due to the addressee’s unknown address on June 21, 2012, served the original copy of the judgment by means of service on July 2, 2012.
G. On July 17, 2012, the original copy of the judgment became effective as service to the Defendant, and the Defendant submitted to the court of first instance a written appeal for subsequent completion on November 13, 2014 when the period of appeal expires.
2. On November 13, 2014, after the expiration of the period of appeal from July 17, 2012, the Defendant filed the instant petition of appeal from July 17, 2012, following the expiration of the period of appeal from July 17, 2012, determining whether the appeal of this case was lawful, the Defendant’s appeal of this case is legitimate.
The article 173, Paragraph 1 of the Civil Procedure Act is a cause for which the parties cannot be held responsible.