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

3. The judgment of the court of first instance is one of the parties.

A. On May 19, 2016, the deceased Q filed the instant lawsuit, and the duplicate of the instant complaint was served on July 7, 2016 as AAA apartment and Nos. 106 Dong 505 (hereinafter “instant delivery address”) (hereinafter “instant delivery address”) at the Defendant’s domicile, and AB received it as Defendant’s cohabitant (spouse).

B. After that, the first instance court served the Defendant with the documents related to the first instance trial, such as the notice of the date for pleading, but was not served as a closed door, and served the documents to the Defendant by means of dispatch, etc., and subsequently sentenced the Plaintiff to the favorable judgment on April 4, 2017.

C. On May 2, 2017, the first instance court served the original copy of the judgment as the instant service address, but was not served due to the absence of a closed door, ordered the Defendant to serve by public notice, and the foregoing service by public notice became effective on May 17, 2017.

The Defendant filed the instant appeal on July 25, 2017 after the lapse of the appeal period.

[Ground of recognition] Facts without dispute, significant facts in this court, purport of the whole pleadings

2. Whether a subsequent appeal is lawful;

A. If a person to be served is not present at a place where the relevant legal principles are to be served, documents may be served by delivering them to his/her office worker, employee, or cohabitant who is man of mental capacity to make a reasonable judgment (Article 186(1) of the Civil Procedure Act). Here, a person living together with a person who actually belongs to the same household as the person to be served is only a person living together with the same household (see, e.g., Supreme Court Order 200Ma5732, Oct. 28, 2000). The circumstance that there was no negligence in failing to observe the period of appeal due to the failure to know the sentence and service of the judgment, shall be asserted by the party who intends to complete the appeal.

(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). Moreover, in a case where a document of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the document was first served.