양수금 등
1. Defendant B’s appeal shall be dismissed;
2. The part against Defendant A in the judgment of the court of first instance is revoked, and the Plaintiff’s defendant.
The following facts are clear in the records or significant facts of this Court regarding the legitimacy of the appeal filed by Defendant B.
The court of the first instance sent the copy of the complaint and the statement of lawsuit in this case to Da, 101 Dong 501, which is the domicile of the defendant, and the defendant B was directly served on January 8, 2016, but did not submit any written reply or written brief.
The court of first instance sent a notice of the date of first pleading to the address above, and the defendant B was served directly on March 25, 2016.
The court of first instance sent a copy of the plaintiff's request for change of purpose of claim and the notification of the sentencing date to the above address of defendant B, but served each of the above documents by the method of delivery, as the documents are not served due to the absence of closure.
The court of first instance sentenced the judgment on July 12, 2016, and served the original of the judgment to the domicile of Defendant B. On August 2, 2016, the service of the original of the judgment was made on August 23, 2016 by serving the original of the judgment by service by public notice on August 8, 2016.
Defendant B submitted a written appeal on November 9, 2016.
Judgment
Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party is not liable” refers to the reason why the party could not observe the period even though he/she had been generally obliged to perform the procedural acts. In a case where the document of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the document of lawsuit cannot be served by means of public notice. As such, the party is obligated to investigate the progress of the lawsuit even in a case where the document of lawsuit was served by public notice from the first delivery of a copy of the complaint to the case where the lawsuit was served by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply