A. The gist of the Plaintiff’s assertion is that the Defendant did not know of the Plaintiff’s filing of the instant lawsuit and did not receive a written complaint, etc. sent intentionally by the Plaintiff, and that the first instance court was proceeding by means of text message sent on December 27, 2018, but did not make efforts to confirm the progress of the lawsuit by public notice. As such, the Defendant’s appeal for the subsequent completion of the lawsuit is not in compliance with the peremptory period due to the Defendant’s reasons attributable to the Defendant’s responsibility, and thus, ought to be dismissed.

B. Determination 1) An appeal shall be filed within two weeks from the day on which the written judgment was served (main sentence of Article 396(1) of the Civil Procedure Act). In a case where the parties are unable to comply with the peremptory period due to any cause not attributable to them, the litigation may be supplemented within two weeks from the day on which such cause ceases to exist (Article 173(1) of the aforementioned Act). Meanwhile, where the original copy, judgment, etc. were served by public notice, barring special circumstances, the Defendant was unaware of the delivery of the judgment without negligence. In such a case, the Defendant was unable to comply with the peremptory period due to a cause not attributable to him/her and thus, the appeal may be filed within two weeks from the day on which such cause ceases to exist (see, e.g., Supreme Court Decision 2010Da7504, 75051, Jan. 10, 2013). According to records, the court rendered a decision to return the lease deposit to the Defendant on September 28, 2018>