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

Purport of claim and appeal

1...

A. The appeal shall be filed within two weeks from the day on which the written judgment is served (main sentence of Article 396(1) of the Civil Procedure Act), and the period is a peremptory term.

(2) Paragraph (2) of the same Article: Provided, That in case where a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.

(Article 173(1) main text of the same Act. Here, the "reasons for which a party cannot be held liable" refers to the reasons why the party could not abide by the time limit despite the party's exercise of generally required care to conduct the procedural acts, and as regards such reasons, the party's assertion and proof must be made on the part of the party seeking to supplement the procedural acts.

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

In the instant case, the Defendant had been directly served the original copy of the judgment of the first instance court on July 17, 2015 and submitted a written appeal for subsequent completion to this court on October 17, 2016, which had to exceed two weeks from the original copy of the judgment of the first instance court on July 17, 2015, is clear in the record, and there is no Defendant’s assertion as to the failure to observe the peremptory term of appeal due to “reasons for which the parties are not responsible”. Thus, the Defendant’s appeal for subsequent completion is unlawful.

2. According to the conclusion, the defendant's appeal is dismissed, and it is so decided as per Disposition.