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

Purport of claim and appeal

1...

In this context, the "reasons for which a party cannot be held responsible" refers to the reasons why the party could not observe the period even though the party had exercised a duty to do the act of litigation, and the party's side to supplement the act of litigation must prove the reasons.

(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). Meanwhile, pursuant to Article 186(1) of the Civil Procedure Act, if a person to be served was not present at a “place to be served” other than a work place, documents may be served as a person living together with the person with an intelligence to make a reasonable judgment, by delivering documents.

Here, “the place to be served” is not always confined to the domicile of a person to be served, and “a person who lives together with the same household as the person to be served is also exempted.

According to the records, on January 21, 2016, the original copy of the judgment of the court of first instance was delivered to Y, the domicile of the defendant, to Ha, who is a live-in child of the defendant, at the Chungcheongnam-nam Budget Group H, which is the domicile of the defendant, and the defendant was lawfully served on the defendant, but the defendant submitted the written appeal of this case on April 8, 2016, which is the second-time appeal period

The defendant asserts that the original copy of the judgment was not delivered because he was hospitalized in the hospital and did not reside in the above address, and that he could not comply with the peremptory period due to the reason that he could not be responsible for being delivered from his child on March 30, 2016.

However, according to the records, the defendant is only recognized as the fact that he/she did not reside at his/her domicile after receiving hospitalized treatment from September 24, 2015 to October 5, 2015.