1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination on the legitimacy of a subsequent appeal

A. The Plaintiff asserted that the Defendant’s appeal on January 3, 2014, on the ground that the Defendant failed to comply with the appeal period, on the grounds that the Plaintiff served the original judgment of the first instance on January 3, 2014.

(b) Determination 1) The service on a juridical person should be made to the representative, and the service on the representative should be made at his domicile, residence, business office or office.

Since the business place or office of the representative is also the address of the corporation, it may be served to the address of the corporation which is shown in the certified transcript of corporate register, etc.

(See Articles 64, 179, and 183. (b) of the Civil Procedure Act also provide a certified copy or duplicate of the documents to the person receiving the service to whom the service was made, in principle, and if the person receiving the service was not present at the place of service other than the work place, then the service shall be made as his office worker, employee, or cohabitant with the mental capability to make reasonable judgment (hereinafter “receiving agent”).

A service may be made by delivering documents to a person (see Articles 178(1) and 186(1) of the Civil Procedure Act). An employee who may be an agent for receipt of documents refers to a person who does not necessarily have an employment relationship, and who continues to assist with affairs, business assistance, etc. for a person in ordinary sense. However, the supplementary service system assumes a reasonable expectation that the documents will be delivered to him/her in light of social norms in light of his/her intelligence, objective status, relationship with him/her, etc. even when the recipient of the documents receives the documents. (C) Meanwhile, the main text of Article 173(1) of the Civil Procedure Act provides that “where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, the litigation may be supplemented within two weeks from the date on which such cause ceases to exist.”