beta
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
Since the plaintiff's assertion on this safety defense did not comply with the period of appeal, the appeal of this case is unlawful.
Judgment
Article 173(1) of the Civil Procedure Act provides, “If a party is unable to comply with a peremptory term due to any cause not attributable to him/her, he/she may supplement his/her litigation, which he/she neglected within two weeks from the date such cause ceases to exist, and “when the cause ceases to exist” under Article 173(1) of the Civil Procedure Act refers to the time when the defendant was not simply aware of the fact that the judgment was rendered by public notice, but the fact that the judgment was served by public notice is known. In ordinary cases, barring any special circumstances, it shall be deemed that the defendant becomes aware of the fact that the judgment was served by public notice only when he/she read the records of the case or received
(2) According to the reasoning of the judgment of the court of first instance that accepted the Plaintiff’s claim on June 5, 2012, and the original copy of the judgment was sent to the Defendant by public notice, according to the purport of the entire statement and pleading as to Gap evidence No. 2410, Oct. 24, 1997 (see, e.g., Supreme Court Decision 97Da20410, Oct. 24, 1997). According to the purport of the entire statement and pleading as to Gap evidence No. 201, the court of first instance is recognized that the Plaintiff filed a lawsuit against the Defendant for loans against the Busan District Court 2012Gaso599, and the court of first instance rendered a pleading against the Defendant by means of service, and the written notice of the date for pleading and the date for pleading against the Defendant was served by public notice.
According to the above legal principles and the facts of recognition, the defendant became aware on February 21, 2019 that the judgment of the court of first instance was issued with the authentic copy of the judgment of the court of first instance, and that the judgment was served by service by public notice.
Since the defendant can observe the appeal period around that time.