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

Purport of claim and appeal

1...

A. On May 4, 2016, the Plaintiff filed the instant lawsuit against the Defendant.

B. On July 4, 2016, the Defendant, upon receiving a written complaint directly, appointed D Law Firm as a legal representative.

C. On June 27, 2017, the court of first instance rendered a judgment that accepted the Plaintiff’s claim in the instant case on June 28, 2017, following the service of the pertinent litigation documents, such as summons, to the said law firm D, and concluded the pleadings. On June 28, 2017, the court served the original copy of the judgment to D.

After the defendant was issued an authentic copy of the judgment on July 26, 2017, the defendant submitted a written appeal to the first instance court on September 1, 2017.

[Grounds for recognition] The substantial facts in this Court and the purport of the whole pleading

2. Determination on the legitimacy of a subsequent appeal

A. The main text of Article 173(1) of the Civil Procedure Act provides, “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts negligent within two weeks from the date on which such cause ceases to exist.”

The phrase “reasons for which a party cannot be held liable” refers to the reasons why the party could not observe the period despite the party’s due care to conduct the procedural acts (see, e.g., Supreme Court Decision 2004Da16082, Jul. 22, 2004).

The defendant asserts to the effect that the defendant was unable to memory the appeal period at the time of the pronouncement of the judgment of the first instance court because the defendant was suffering from the brothers and sisters from around 2006 to the 11 year, the suppression of the litigation, the mental and physical disorder was very high, and the traffic accident was caused twice in 2016.

However, the circumstances alleged by the Defendant are attributable to the Defendant’s scope of responsibility, and do not constitute “where the parties concerned were unable to comply with the peremptory period due to any cause not attributable to them” as prescribed by Article 173(1) of the Civil Procedure Act.

3. Conclusion, the Defendant’s appeal is the first instance court.