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

Purport of claim and appeal

1..

A. According to the records of this case, the following facts are recognized.

1) On July 12, 2018, the Plaintiff filed the instant lawsuit against the Defendant. 2) On September 21, 2018, the first instance court served the documents of the instant lawsuit against the Defendant, including a duplicate of the instant complaint, on the part of the Defendant’s domicile. On October 12, 2018, the Defendant’s spouse D received the documents.

A certified copy and abstract of resident registration against the defendant is stated as D's spouse (No. 48 of the record), and D's signature is written on the reason of service such as a copy and copy of complaint against the defendant.

3) After October 19, 2018, the first instance court served a notice of the date for pleading on the Defendant on October 19, 2018, but when it was impossible to serve the notice on the Defendant due to the absence of closure, the said notice was served on the Defendant by means of delivery. On November 22, 2018, the first instance court concluded the pleadings and sentenced the Plaintiff’s winning judgment on November 28, 2018. (4) On November 28, 2018, the first instance court served the Defendant the original copy of the first instance judgment on the Defendant, but was unable to serve due to the absence of a closed text, the original copy of the said judgment was served on the Defendant

5. On July 11, 2019, the Plaintiff seized corporeal movables of “E” operated in the name of the Defendant, using the judgment of the first instance court as the executive title, and the Defendant submitted the instant written appeal for subsequent completion on July 19, 2019.

B. 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 despite the party’s exercise of generally required care for conducting procedural acts. In a case where the documents of lawsuit cannot be served by means of ordinary means during the course of litigation and served by public notice, the documents of lawsuit cannot be served by public notice, the first delivery of the copy of the complaint to the public by public notice, is different from the case where the lawsuit was proceeded by public notice, and thus

The parties are not required to investigate the progress of the lawsuit.