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1. The appeal of this case shall be dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Determination on the legitimacy of the appeal of this case
A. Although the original copy of the judgment of the court of first instance was served on August 14, 2015, the Plaintiff filed the instant appeal only on September 16, 2015 after approximately one month thereafter, and thus, the Plaintiff’s subsequent appeal is lawful.
B. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party is not liable” refers to the reason why the party could not observe the period even though he/she had exercised general duty to act in the course of litigation. In cases where the document of lawsuit cannot be served by means of public notice while the lawsuit was in the process of litigation by ordinary means, and served by public notice, the party is obligated to investigate the progress of the lawsuit by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to observe the peremptory period, it shall not be deemed that the party is responsible for the reason for not being responsible, and such obligation bears, regardless of whether the party was present and present at the date for pleading, whether the party was notified of the date for pleading after the date for pleading, or whether the party was appointed an attorney at the date for pleading after the date for pleading
(Supreme Court Decision 2014Da211886 Decided October 30, 2014 (see, e.g., Supreme Court Decision 2014Da21886, Oct. 30, 201). (1) The Plaintiff, while filing the instant lawsuit against the Defendant on February 3, 2015, served with the Defendant’s written reply and notice of the date of pleading on the date of pleading in Eunpyeong-gu, Seoul, F 801, which was recorded in the complaint, and the first date of pleading as of May 13, 2015 and the second date of pleading as of June 10, 2015, was directly present on the date of pronouncement as of the second date of pleading as of July 15, 2015; and (2) the first court of first instance sentenced the judgment on the date of declaration as of July 15, 2015, and subsequently sentenced the original copy of the judgment to the Plaintiff’s complaint.