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1. Each appeal by the Defendants shall be dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
The Defendants asserted that the appeal for subsequent completion is lawful, and the judgment of the first instance court was rendered on February 12, 2014 due to the service of the original copy of the judgment by public notice. As such, the Defendants asserted that the appeal for subsequent completion falls under a case where the Defendants failed to observe the peremptory period due to a cause not attributable to the Defendants, and thus, the appeal for subsequent completion is lawful.
Judgment
Article 173(1) of the Civil Procedure Act provides, “If a party is unable to comply with a peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation to be negligent within two weeks from the date such cause ceases to exist.” Here, “reasons not attributable to the party” refers to the grounds for not complying with the period, even though the party had paid general attention to conduct the litigation in question. In cases where the service of litigation documents in the course of the litigation was impossible due to service by public notice as a result of the impossibility of being served by public notice, it is different from the cases by public notice from the beginning in cases where the service by public notice was inevitable. As such, if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory period due to the failure to observe the peremptory period, it shall not be deemed that the party is attributable to any cause not attributable to him/her, and further, circumstances that the party was not negligent in failing to observe the period of appeal due to the failure to know the declaration and service of the judgment.
(see, e.g., Supreme Court Decisions 2012Da44730, Oct. 11, 2012; 92Da42934, Mar. 22, 1994). In addition, whether the obligation to investigate the progress of a lawsuit was made by a party at the date of pleading, whether the party was present at the date of pleading, whether the party was notified of the following date of pleading at the date of pleading, or whether the attorney was appointed.