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(영문) 청주지방법원 2021.01.14 2020나12975
부당이득금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Determination on the legality of a subsequent appeal

A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which the party cannot be held liable” refers to the reason why the party could not observe the period despite his due care to conduct the procedural acts. In a case where the document of lawsuit cannot be served by means of ordinary means during the process of lawsuit and was served by public notice, the party is obligated to investigate the progress of the lawsuit from the first delivery of a copy of the complaint to the public notice, and if the party fails to comply with the peremptory period due to a reason for not being responsible (see, e.g., Supreme Court Decision 201Da4730, Oct. 11, 2012). (b) The record reveals that a notice of lawsuit in this case was served on the Defendant on February 21, 2019, and the Defendant did not directly appear to have been served on the Defendant for a reason not attributable to the party concerned (see, e.g., Supreme Court Decision 200Da4730, Jun. 13, 2019).

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