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1. The plaintiff's appeal shall be dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Determination on the legitimacy of a subsequent appeal
A. The Plaintiff asserted that “Around September 2017, 2017, the Plaintiff’s wife gave birth to the Plaintiff, and C, who was the Plaintiff’s wife, sent the original copy of the judgment to the Plaintiff by coming from the North Chungcheong voice to the inside of Gyeonggi-do, and was unable to submit a petition of appeal within the appeal period due to his/her annual leave of absence. Therefore, the Plaintiff’s failure to observe the peremptory period for filing a petition of appeal is due to any cause not attributable to the Plaintiff.” The Plaintiff filed the instant appeal of the instant case.
B. The appeal for judgment shall be filed within two weeks from the day on which the judgment was served, and it shall be a peremptory period (Article 396(1) of the Civil Procedure Act). However, if the parties are unable to comply with the peremptory period due to a cause not attributable to them, it may supplement the procedural acts neglected within two weeks from the day on which such cause ceases to exist.
(1) Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party is not liable” refers to the reason why the party is unable to comply with the period despite the party’s due care to conduct the said procedural acts (see, e.g., Supreme Court Decision 2004Da2083, Mar. 12, 2004); (1) the Plaintiff submitted a complaint to the Cheongju District Court, Cheongju District Court, Cheongju District Court, on February 20, 2017, and indicated the Plaintiff’s address as “Cheongju-gun D; (2) thereafter, the Plaintiff served each of the above addresses at the same domicile; (3) the first date of pleading and the address of the notification as well as the original copy of the judgment; and (4) the Plaintiff was served with the court after the lapse of the aforementioned period of appeal 2017.1.7.