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 defendant asserts that, at the time of the filing of the instant lawsuit, the address of the defendant recorded in the complaint was an address in which the defendant actually did not reside, and that the defendant was unable to receive a notice of the complaint and the date of pleading, etc., and that the defendant failed to file an appeal within two weeks due to reasons not attributable to the defendant.
A subsequent completion of procedural acts under Article 173(1) of the Civil Procedure Act can only be done when the parties are unable to comply with the peremptory period due to any cause not attributable to them. Here, “reasons not attributable to the parties” refers to the reasons why the parties could not comply with the period, even though they fulfilled their care to do the procedural acts, even though they were not able to do so.
(1) Article 186(1) of the Civil Procedure Act provides that “If a person is not present at a place of service other than a place of service, etc., a document may be served by delivering documents to the person living together with the person living together with the person with the mental capacity to make a reasonable judgment.” The term “place of service” refers not to the person living together with the person to be served, but to the person living together with the person who actually belongs to the same household as the person to be served (see, e.g., Supreme Court Order 97Da50152, Oct. 2, 1998).” Meanwhile, the circumstance that the person was unable to abide by the period of appeal due to his/her failure to know the issuance and delivery of the judgment should be asserted by the party who seeks to complete the appeal.
(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). The duplicate of the complaint of this case against the defendant was served on the defendant's mother C on December 4, 2013. The notice of the date for pleading was served on the above C, and the defendant is present on the first date for pleading.