대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Whether the appeal is lawful after subsequent completion;
A. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party is not liable” refers to a reason why the party could not observe the period even though he/she fulfilled the generally required obligation to conduct the procedural acts. In cases where the service of documents related to a lawsuit during the process of the lawsuit was impossible and the service of documents related to the lawsuit was made in a method of service by public notice as a result of the impossibility of being served by public notice, the party is obligated to investigate the progress of the lawsuit from the beginning, unless the parties have become aware of the progress of the lawsuit at the court. In addition, such obligation is to be borne, regardless of whether the party was present and present at the date for pleading, whether the party was notified of the date for pleading after the date for pleading present at the date for pleading, whether he/she was appointed
(See Supreme Court Decision 2004Da16082 Decided July 22, 2004; Supreme Court Decision 97Da50152 Decided October 2, 1998; Supreme Court Decision 86Da2224 Decided March 10, 198; and Supreme Court Decision 86Da2224 Decided March 10, 198; etc.). Moreover, the circumstance that there was no negligence in failing to observe the period of appeal due to the failure to know the pronouncement and service of the judgment, shall be asserted and proved by the party who intends to subsequently supplement the appeal.
(Supreme Court Decision 2012Da44730 Decided October 11, 2012). B.
The Plaintiff filed the instant lawsuit with the court of first instance against the Defendant, and E, who is a defendant, was served with a duplicate of the complaint at the Defendant’s domicile recorded in the complaint, and submitted the written response to the Defendant to the court of first instance, and the court of first instance designated the first date for pleading as the date for pleading on November 3, 2017 and served the Defendant a notice of the first date for pleading on November 3, 2017, but it was impossible to serve the notice due to the absence of a closed text, the Defendant notified the date by means of