1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Determination on the legitimacy of a subsequent appeal

A. The Defendant alleged that he was unable to receive documents related to the instant lawsuit, such as a duplicate of the complaint, and the judgment of the first instance was served by means of service by public notice, and became final and conclusive on October 30, 2019.

Therefore, the defendant's failure to observe the appeal period is due to a cause not attributable to the defendant.

B. Facts under the facts found are recognized by the records of this case or substantial facts in this court.

① On July 9, 2019, the duplicate of the instant complaint was served on the Defendant at H and E-F of the Jeonju-si, Jeonju-si, the Defendant’s domicile.

② After that, the first instance court served the Defendant with a notice of the sentencing date, etc. on August 21, 2019 on the grounds that it was not served on the Defendant due to lack of text, and served on the Defendant by means of dispatch on August 21, 2019. After rendering the judgment on September 20, 2019, the original of the judgment was served on the Defendant, but was not served due to absence of text, and served on October 1, 2019.

③ On December 4, 2019, the Defendant submitted to the Jeonju District Court a written appeal for the subsequent completion of the judgment of the first instance.

C. The main text of Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts negligent within two weeks from the date such cause ceases to exist.”

"Grounds for which a party cannot be held responsible" as provided in the above provision refers to the grounds for failure to comply with the period despite the party's due diligence to conduct litigation. In the event a document of lawsuit cannot be served by means of ordinary means, while the document of lawsuit is being served lawfully by means of service, while the document of lawsuit is being served, the document of lawsuit can not be served by means of service by public notice. This is different from the case where the first copy of the complaint was served by public notice from the time of service by public notice.