1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. A party to a civil lawsuit shall file an appeal within two weeks from the date on which the original copy of the judgment was served pursuant to Article 396(1) of the Civil Procedure Act.

Even if the court of first instance served the plaintiff two times the original copy of the judgment in the first instance, the initial date in reckoning the period for submitting a petition of appeal shall be deemed to be from the day after the first service becomes effective.

(See) The Plaintiff served the original copy of the judgment rendered by the court of first instance on September 20, 2015; and on September 24, 2015, each of the first instance courts on September 20, 2015; and on October 7, 2015, the Plaintiff submitted the instant petition of appeal to the court of first instance on October 7, 2015, which was two weeks after the date following the first service date; and the fact that the Plaintiff submitted the instant petition of appeal to the court of first instance on October 7, 2015 is obvious or obvious to this court.

In addition, the main text of Article 173(1) of the Civil Procedure Act provides that "where a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement his/her act of litigation which he/she neglected within two weeks from the date on which such cause ceases to exist." Even if the Plaintiff’s appeal of this case was subsequently filed by final appeal, the term “reasons for which the party cannot be held liable” in this context refers to a cause for which the party could not observe the specified period even though the party performed his/her duty of care generally to conduct procedural acts (see, e.g., Supreme Court Decision 2004Da16082, Jul. 22, 2004). Thus, this case cannot be deemed to have failed to comply with the peremptory period due to any cause not attributable to him

2. In conclusion, the plaintiff's appeal is filed after the peremptory period, which is the peremptory period, has expired, and it is obvious that it is an illegal appeal and its defect can be corrected, as it does not meet the requirements for the subsequent completion of litigation. Thus, the plaintiff's appeal is dismissed and it is so decided as per Disposition.