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

Purport of claim and appeal

1...

After the court of first instance sentenced the judgment on October 16, 2015, when the original of the judgment against the defendant was unable to be served due to the lack of closure, it served the original of the judgment by means of service by public notice on November 3, 2015. On November 18, 2015.

On January 12, 2016, the defendant filed an appeal by asserting that the period of appeal could not be complied with due to a cause not attributable to the defendant.

An appeal shall be filed within two weeks from the date on which the judgment was served, and within two weeks from the date on which the judgment was served.

(Article 396(1) of the Civil Procedure Act. In a case where a party is unable to observe the appeal period due to a cause not attributable to him/her, he/she may supplement the procedural acts within two weeks from the date on which such cause ceases to exist (Article 173(1) of the Civil Procedure Act). In this context, the term “reasons not attributable to the party” refers to the reasons for failure to observe the appeal period despite the party’s exercise of generally required care to conduct procedural acts.

In a case where a document of lawsuit is served by public notice because it is ordinarily impossible to serve the document of lawsuit in the course of the lawsuit, such document shall be served by public notice from the first delivery of a copy of complaint to the case where the lawsuit was served by public notice. If a party fails to investigate the progress of the lawsuit and thus fails to abide by the peremptory period, it shall not be deemed that the party is due to any cause not attributable to him.

The circumstances in which there is no negligence in failure to observe the period of appeal due to a failure to know the pronouncement and service of the judgment, shall be alleged by the parties who intend to complete the appeal.

In this case, on August 3, 2015, a duplicate of the complaint and the litigation guide against the defendant were served on the defendant's resident registration address, "Seoul Yeongdeungpo-gu J, 401 Dong 602, Dong 602, who is a cohabitant."