손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Determination on the legitimacy of a subsequent appeal
(a) The following facts are apparent in, or obvious to, a record:
1) On April 10, 2015, the Plaintiff filed a lawsuit against the Defendant seeking compensation for damages. On July 20, 2015, the court of first instance sent a copy of the complaint and a written guidance to the Defendant’s address “YYYY C 109 Dong 1703, Yongsan-gu” and received the Defendant’s spouse D by mail, on July 24, 2015. (2) After the court of first instance sent the notice to the Defendant by mail to the said address on August 21, 2015, but on August 28, 2015, the delivery was impossible due to the absence of a closed text on August 29, 2015, the court of first instance sent the written document to the said address on August 28, 2015 and received it on September 24, 2015.
In addition, on September 8, 2015, the court of first instance sent the original copy of the decision on recommending reconciliation by mail, and received it by the Defendant’s child E on September 11, 2015. On September 24, 2015, the Defendant filed an objection against the above decision and filed a report on change of address with the purport that his address should be changed to “the Government F” on the same day.
3) On December 4, 2015, the court of first instance rendered a judgment in favor of the Plaintiff on the same day, and sent the original copy of the judgment to the Defendant by mail to the said changed address (Government F), and was impossible to serve the original copy by means of absence on December 11, 2015, and was re-issued to the above address on December 22, 2015, and was impossible to serve the original copy by reason of absence of closure on December 30, 2015. Accordingly, the presiding judge of the first instance court ordered the Defendant to serve the original copy of the judgment on January 11, 2016 and ordered the Defendant to serve the service by public notice on January 26, 2016, the Defendant filed the instant appeal for subsequent completion on April 7, 2016.
B. The phrase “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to “reasons for which a party cannot be held liable”, notwithstanding the party’s due diligence to conduct the said procedural acts.