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

Purport of claim and appeal

1..

A. The circumstance that there was no negligence in failing to observe the period of appeal due to the lack of knowledge of the pronouncement and service of the judgment related to legal principles is to be asserted and proved by the party who intends to complete the appeal. Therefore, in the case of a supplementary service received by a person living together in the defendant's domicile, the defendant who intends to complete the appeal regarding the subsequent judgment did not live in a place other than the above domicile and live in a place other than the above domicile, and

for such reason, the defendant must prove that the defendant was unaware of the filing of the suit, notwithstanding the receipt of the suit.

(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). B.

Judgment

The documents related to the lawsuit, including a duplicate of the complaint, submitted by the Plaintiff on October 10, 2007, were served as "Seoul Yongsan-gu J apartment 23 Dong 404 (hereinafter "the defendant's spouse and co-defendant B at the time of the same month's domicile" which is the defendant's domicile at the time when the documents related to the lawsuit, such as a duplicate of the complaint, were served, and received by the defendant's spouse and co-defendant B at the time of the same month. The judgment of the court of first instance was sentenced on December 28, 2008 and the original copy of the judgment was served on January 3, 2008 by the above method, and the fact that the defendant submitted the appeal of this case to the court of first instance is obvious in the record.

In regard to this, the defendant alleged that he did not reside at the domicile of this case at the time of delivery of a copy of complaint due to the "a separately from B," and therefore, according to the statements in the evidence Nos. 1, 2, and 4, on December 8, 2007, his child was born between the defendant and the defendant's spouse, and on March 24, 2008, the defendant married with B on April 2, 2008, and on April 2, 2008.

However, the above facts alone do not live together with B while living in a place other than the domicile at the time of serving a duplicate of the complaint of this case.