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

Purport of claim and appeal

1..

A. The Plaintiff filed the instant lawsuit on December 24, 2015, and the duplicate of the instant complaint was served on June 24, 2016 on the Defendant’s resident registration at the time, to E, who is the Defendant’s cohabitant-gu C building and D, the domicile of the Defendant at the time.

B. Nevertheless, the Defendant did not submit a written response, and the first instance court sent a written notice of the date of pleading on July 5, 2016 to the above address on July 6, 2016, and rendered a favorable judgment of the Plaintiff on July 19, 2016, even though the Defendant served on the Defendant’s cohabitant F, the Defendant did not appear at the date of pleading.

C. The first instance court sent the original copy of the judgment of the first instance to the above address, but was not served due to the absence of a closed door, and on August 1, 2016, served the original copy by means of service by public notice, and became effective on August 17, 2016.

On October 2, 2018, the defendant submitted a written appeal to the first instance judgment.

【Ground for recognition】 Records of the court, or significant facts in this court, and the purport of the whole pleadings

2. Whether a subsequent appeal is lawful;

A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason for failure to comply with the period, even though the party fulfilled generally required care for conducting the said procedural acts. In a case where the documents of lawsuit cannot be served by means of ordinary means during the course of the lawsuit and served by public notice, the delivery of a copy of the complaint by public notice is different from the case where a lawsuit is served by public notice, and thus, the party is obliged to investigate the progress of the lawsuit from the beginning. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, it cannot be said that the party is attributable

(See Supreme Court Decision 2006Da3844 Decided March 10, 2006, etc.). B.

According to the above facts, the defendant shall make a copy of the complaint of this case pursuant to Article 186 (1) of the Civil Procedure Act.