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1. The judgment of the first instance, including the claim of the Plaintiff (Counterclaim Defendant) expanded by this court, shall be modified as follows.
Reasons
1. Whether a subsequent appeal is lawful or not by public notice was followed by the method of service from the service of a copy of a complaint to the service of an authentic copy of judgment; and the defendant was aware that a postal item sent by a law office is in the course of the compulsory auction of real estate and inspected the records of the first instance trial on November 10, 2015, and then filed the instant appeal on November 13, 2015, is obvious or obvious to this court.
Therefore, the defendant could not comply with the peremptory appeal period, which is the peremptory period, due to a cause not attributable to himself, and filed an appeal for subsequent completion within two weeks after such cause ceases to exist, so the defendant's appeal for subsequent completion of appeal is lawful.
2. Basic facts
A. The Plaintiff is a corporation established for the purpose of intermediate waste disposal business, and the Defendant is operating a medical waste collection and transportation business chain B.
B. In around 2007, the Plaintiff and the Defendant entered into a medical waste disposal contract with the purport of the Plaintiff’s incineration and interim disposal of medical wastes collected and transported by the Defendant from a person discharging medical wastes at KRW 400 per kilogramg (hereinafter “instant contract”) and entered into a transaction with the Plaintiff on November 2014.
(The intermediate processing unit cost was changed to 350 won per 1 kg from June 2014. (c)
The plaintiff and the defendant have transacted in the following ways:
If a defendant's employee collects and transports medical wastes from a sick or a medical source who discharges medical wastes to the plaintiff's workplace, the defendant's employee first measure the total weight of medical wastes in a state where the medical wastes are loaded in the transport vehicle at the stand equipped with the plaintiff's workplace, and then measure the weight of the public vehicle after discharging medical wastes.
Afterwards, the Plaintiff printed out a written confirmation of measurement indicating the date, vehicle number, total weight, total weight, and net weight (limited to the weight of the vehicle in total weight) and received the signature from the Defendant’s employees.