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
1. The process of the instant lawsuit: (a) the Defendant was directly served with the original of the payment order and the guide for demanding procedure, attached to the instant complaint on October 6, 2012; (b) on October 18, 2012, the first instance court served the Defendant with a written reply to specifically resisting the Plaintiff’s claim; (c) on November 2, 2012, the first instance court served the Defendant a written notice of the date for pleading on November 13, 2012; (c) on November 21, 2012, the first instance court concluded the pleadings; and (d) on November 21, 2012, the first instance court concluded the pleadings; (c) rendered a favorable judgment on the Plaintiff on the same day in accordance with Article 11-2(1) of the Trial of Small Claims Act; and (iv) thereafter, the first instance court served the original of the judgment on the Defendant, but not served as an addressee, and (v) the Defendant presented a written notice to serve by publication on the Defendant on the same date.
2. Determination on the legitimacy of a subsequent appeal
A. Although the original copy of the judgment of the court of first instance, which was served by public notice, became final and conclusive in form by the Defendant’s assertion, it constitutes a case where the period of appeal cannot be observed due to a cause not attributable to the Defendant, since the Defendant was unaware of the
B. The legitimacy of the appeal for the subsequent completion of the judgment is determined based on whether the period for appeal is due to a cause not attributable to the appellant. In the case where a copy of the complaint is served lawfully and the documents of the lawsuit are served in the course of the lawsuit and are served by delivery or service by public notice, unlike the case by public notice from the service of the copy of the first complaint to the case where the defendant was aware that the lawsuit was filed by public notice, and thus, it is obliged to investigate the progress of the lawsuit.
Therefore, the defendant's loss is judged, unless there are special circumstances.