청구이의
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 a subsequent appeal is lawful;
A. According to the records of recognition, the following facts can be acknowledged.
1) The court of the first instance held that the Defendant’s resident registration address “Seoul Northern-gu G and H” (hereinafter “existing address”) is the Defendant’s resident registration address.
A) On July 14, 2018, the Defendant’s mother living together with the Defendant received a duplicate of the complaint. (2) The Defendant did not submit a written reply within 30 days after receiving the duplicate of the complaint, and the court of first instance served a notice of the date of pronouncement of a judgment without pleading at the existing address, and on August 23, 2018, the Defendant’s mother received it.
3) On September 14, 2018, the court of first instance rendered a judgment accepting the Plaintiff’s claim, and served the original copy of the judgment at the existing address on the 17th of the same month, and the Defendant’s mother received it on the 19th of the same month. (4) The Defendant filed an appeal for subsequent completion on October 5, 2018.
B. The defendant's assertion was changed in his address and was unable to receive a service of a notification and an authentic copy of the judgment without pleading.
In the existing address, the mother of the defendant received it, but is old and has dementia symptoms, and the defendant was not delivered.
C. The phrase “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the reasons why the party could not comply with the period despite the party’s due diligence to conduct procedural acts.
The circumstances where there is no negligence in failure to observe the period of appeal due to a lack of knowledge of the pronouncement and service of judgment, shall be alleged and proved by the parties concerned who intend to complete the appeal.
(see Supreme Court Decision 2012Da44730, Oct. 11, 2012). If a person to be served is not present at a place where service other than a place of service, documents may be delivered to his/her clerk, employee, or cohabitant, who is man of sense, as a worker, employee, or cohabitant.
(Article 186(1) of the Civil Procedure Act). A party, legal representative, or legal representative.