Text
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal.
Reasons
Whether the appeal for the subsequent completion of the case is legitimate
A. Subsequent supplementation of litigation may be made within two weeks from the date when the parties were unable to observe the peremptory period due to a cause not attributable to them (Article 173(1) of the Civil Procedure Act). Here, the term “reasons for which the parties cannot be held liable” refers to the grounds for which the parties could not comply with the period although they exercised generally due diligence for conducting such litigation. In a case where the documents cannot be served by ordinary means during the process of litigation and are served by public notice, it is different from the case where a lawsuit was served by public notice from the first delivery of a copy of complaint to the public notice, and thus, if the parties fail to investigate the progress of lawsuit and fails to comply with the peremptory period, it cannot be said that the parties were served by such reasons not attributable to the defendant (see, e.g., Supreme Court Decision 2012Da4730, Oct. 11, 2012).