2019Na56312 Compensation for Damages

A

Korea

Incheon District Court Decision 2018Gaso23356 Decided October 15, 2018

October 10, 2019

October 24, 2019

1. The appeal of this case is dismissed. 2. The costs of appeal are assessed against the plaintiff.

The judgment of the first instance shall be revoked. The defendant shall pay to the plaintiff 60,000 won with 15% interest per annum from the next day of the delivery of the complaint of this case to the day of full payment (which is the same as the above).

The judgment of the first instance court was rendered on October 15, 2018, and was served with the judgment of the first instance court on October 19, 2018, and the facts that the Plaintiff filed the instant appeal on April 1, 2019 are clearly recorded or obvious to this court. The appeal ought to be filed within two weeks from the date on which the judgment of the first instance was served (main sentence of Article 396(1) of the Civil Procedure Act). Since the Plaintiff received the judgment of the first instance court on October 19, 2018, the Plaintiff filed an appeal by November 2, 2018, which later than two weeks thereafter, and the instant appeal was dismissed. Accordingly, the period of appeal was unlawful since it was filed after the lapse of the period of appeal.

The presiding judge, Yoon Jae-nam

Judges Kim Dong-dong

Judges Kim Jong-soo