고문료청구의 소 등
The appeal shall be dismissed.
The costs of appeal are assessed against the defendant.
Judgment ex officio is made.
1. According to Article 183(1) and (2) of the Civil Procedure Act, documents may be served at the domicile, temporary domicile, domicile, business office (hereinafter “domicile, etc.”) of the person to be served, but in cases where the domicile, etc. is not known or the service is not possible at the same place, documents may be served at the domicile, etc. of another person, where the person to be served is employed by an employment delegation or other legal act (hereinafter “work place”). According to Article 186(2) of the same Act, if the person to be served was not present at the work place, documents may be served to the employee, his/her legal representative or employee, or his/her other employee, who is man of sense of judgment, refuses to receive the documents
In such a case where a document is delivered to a person who employs a recipient of service at the working place of the person to receive the service, such document will take effect, and it does not take effect when the document is delivered to the person to receive the service.
(see, e.g., Supreme Court Order 2007Ma994, Jan. 14, 2008; Supreme Court Decision 2011Da85208, Feb. 23, 2012). If a party fails to comply with the peremptory term due to a failure to investigate the progress of a lawsuit, it cannot be deemed that the party is due to any cause not attributable to himself/herself, and the circumstance that the party was not negligent in failing to observe the period of appeal due to his/her failure to know of the pronouncement and delivery of the judgment, is that the party to whom the appeal was to be subsequently completed
(See Supreme Court Decision 2012Da98423 Decided April 25, 2013, etc.). 2. A.
The record reveals the following facts.
1. The first instance court, which is the defendant's resident registration, tried to serve a copy of the complaint, etc. with "Saeongnam-si C building and 402 Dong 302", which is the defendant's domicile on the defendant's resident registration, but proceeded by service by public notice if the recipient is not known, etc.