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. Ex officio determination on the legitimacy of a subsequent appeal

A. 1) On November 30, 2017, the Plaintiff filed a lawsuit against the Defendant seeking payment of the amount as stated in the purport of the claim. 2) On December 26, 2017, the court of first instance rendered the service of the enforcement officer to deliver the copy, etc. of the instant complaint to the Defendant. The Defendant received the service of the duplicate, etc. of the instant complaint on January 4, 2018.

(The defendant directly received) The defendant submitted a written answer to the court of first instance on January 18, 2018.

3) On January 19, 2018, the court of first instance served a notice of date on the date of first instance on the Defendant on January 19, 2018, but did not serve the notice due to the absence of closure, and served on January 26, 2018 on the Defendant by means of delivery of the notice of date. On February 6, 2018, the court of first instance served a notice on the date of second instance on the Defendant on February 6, 2018, but did not serve the notice due to the absence of closure, but served the notice on February 19, 2018 on the Defendant by means of delivery of the said date. (4) On March 27, 2018, the court of first instance rendered a judgment accepting the Plaintiff’s request on March 27, 2018, and served the original copy of the judgment to the Defendant by means of service on April 10, 2018.

The service by public notice came into force on April 25, 2018.

5) The Defendant filed an appeal on May 24, 2018, which had the effect of the foregoing service by public notice, and the period of appeal by two weeks elapsed thereafter. [The fact that is obvious in the record of the grounds for recognition]

B. The "reasons for which a party cannot be held responsible" under Article 173, Paragraph 1 of the Civil Procedure Act refers to the reasons for which the period cannot be observed even though the party had exercised its general care to conduct the procedural acts in question.

The legitimacy of the appeal for subsequent completion shall be determined by the appellant's failure to observe the appeal period due to a cause not attributable to the appellant, and a duplicate of the complaint and other documents shall be made.