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

Purport of claim and appeal

1..

A. Although the service of the original copy of the judgment of the first instance court on March 18, 2015 took effect, the Defendant filed the instant appeal on June 16, 2015, which was three months after the lapse of the said period, thereby examining whether such Defendant’s subsequent appeal was lawful.

(b) Subsequent completion of procedural acts under Article 173(1) of the Civil Procedure Act (hereinafter referred to as “ Subsequent completion of procedural acts”) (1) where a party is unable to comply with the peremptory period due to any cause not attributable to him, the procedural acts neglected may be supplemented within two weeks from the date such cause ceases to exist.

except that the period shall be thirty days for the parties in a foreign country at the time such cause ceases to exist.

The phrase “reasons for which a party is not responsible” as set forth in the above refers to the reasons why the party could not observe the period even though he/she fulfilled his/her duty to act in the course of litigation. In cases where the document of lawsuit cannot be served by means of service by public notice as he/she was normally in the course of litigation and served by public notice, the party is obligated to investigate the progress of the lawsuit by public notice. Thus, if the party fails to investigate the progress of the lawsuit, and thus fails to observe the peremptory period, it cannot be said that the party is not responsible, and such obligation is to be borne, regardless of whether the party was present and present at the date for pleading, whether the party was notified of the date for pleading after the date for pleading, or whether the party was appointed the legal representative.

(Supreme Court Decision 2014Da211886 Decided October 30, 2014, etc.). The Plaintiff filed the instant lawsuit against the Defendant on April 9, 2013, and ② “I” recorded in the Defendant’s address in the instant complaint.