The litigation costs for retrial shall be borne by the defendant.

1. The gist of the grounds for a retrial by the Defendant (hereinafter “Defendant”) is that there exists a ground for retrial under Article 429 of the Civil Procedure Act and Article 51(1)3 and 9 of the Act on Special Cases Concerning the Procedure for Appeal on the grounds that the Defendant did not indicate the grounds for appeal in the petition of appeal submitted by the Defendant and did not submit the appellate brief within the statutory period, on the premise that the court did not receive a written notification of the receipt of the notification of the receipt of the trial records in the case subject to retrial, and that there was a ground for retrial under Article 451(1)3 and 9 of the Civil Procedure Act.

2. According to Article 186(1) of the Civil Procedure Act, if a person to receive service is not present at a place other than a work place, a document may be served as a person living together with the person with mental capacity to make reasonable judgment. Here, a person living together with a person living together with the same household as the person to receive service can be served (see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). According to the records, according to the records, the defendant is living together with the defendant, who is a resident registration address, with the defendant's domicile at the "Yyeong-si, 6 Dong 106," and the defendant's attorney entered the defendant's address at the above domicile, and served the defendant's notification of receipt of the trial record at the above domicile on February 24, 2016 and received it by B.

Meanwhile, as alleged by the Defendant, the same year from January 17, 2016 to February 28, 2016 and from February 3, 2016, under the name of the disease, such as the mouth, brain-dead, dystrophy, and dystrophy, etc. of the Defendant as alleged by the Defendant.

3. Until September, 300, even if the E Hospital was hospitalized in Osan-si, the period during which the Defendant was able to submit an appellate brief even after discharge remains considerably. The content of the treatment received by the Defendant, the family relationship of the Defendant, or the dispute of this case.