Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

A. The gist of the defendant's assertion was that the first instance court failed to receive a notification of the changed date, the original copy of the judgment of the first instance, etc. after the pleading was resumed, and that the defendant knew of the pronouncement of the judgment of the first instance and the public notification of the judgment's judgment on July 20, 2020, and submitted a petition of appeal on July 22, 2020.

Therefore, since the defendant could not observe the period of appeal due to a cause not attributable to him, the subsequent appeal of this case is lawful.

B. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to the reason why the party could not observe the period even though he/she had exercised generally due care to conduct the litigation. In cases where the party is unable to serve the documents by means of ordinary means during the litigation process and served them by means of public notice, the party is obligated to investigate the progress of the lawsuit from the first delivery of a copy of the complaint to the public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to observe the peremptory period, it cannot be deemed that the party is due to any reason for not attributable to the party, and the fact that the party was not negligent in failing to observe the period of appeal due to failure to know the pronouncement and delivery of the judgment, and that the date of appeal shall be asserted and presented at the side of the party intending to subsequently supplement the appeal (see Supreme Court Decisions 201Da4730, Oct. 11, 2012; 201Da3478, Apr. 23, 2019, 20197).