2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

(a)The following facts may be admitted in full view of each of the statements in Gap evidence 1 and Eul evidence 1 to 3, which are significant in this Court:

1) On April 20, 199, the Plaintiff filed a lawsuit with the Busan District Court seeking a loan of KRW 10 million against the Defendant and the payment of damages for delay thereof. The court of first instance rendered a postal service against the Defendant, but the documents, such as a duplicate of the complaint, were not served on the Defendant. 2) The Plaintiff applied for a night service against the Defendant at the court of first instance on May 18, 1999, but did not serve on the Defendant. However, on August 31, 1999, the court of first instance rendered a favorable judgment against the Plaintiff on the date of pleading on the same day on the premise that the notice of the complaint, the date of pleading, and the date of pleading, etc., was duly served on the Defendant.

3) On October 2, 199, the court of first instance rendered the service of the original copy of the judgment of the first instance on October 16, 199 and served the original copy of the judgment on October 16, 199. On October 31, 199, the judgment of the first instance became final and conclusive on October 31, 199, and the Defendant filed an appeal for subsequent completion of the judgment of the first instance only on November 7, 2018. 4) At the time of the filing of the first instance lawsuit, the Defendant’s domicile on the Defendant’s resident registration certificate was “In Busan-dong C,” and there was no change in the Defendant’s domicile from that time until service by public notice on the final judgment and the original copy of the judgment was made.

B. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason why the party could not comply with the period even though the party had exercised generally due diligence for conducting procedural acts. In a case where the document of lawsuit cannot be served by means of ordinary means during the process of litigation and is served by public notice, the first delivery of a copy of the complaint through public notice shall be brought to the lawsuit by public notice.