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. The facts under the underlying facts are significant or obvious in records to this court.

On October 23, 2014, the Plaintiff filed the instant lawsuit against the Defendant and C, and D (hereinafter “D”) who is the Defendant’s spouse was served with a duplicate of the complaint and a written guidance at the Defendant’s domicile on October 31, 2014.

B. Accordingly, the court of first instance served a notice of the date of pleading on February 25, 2015 on the Defendant, and D received the said notice at the Defendant’s domicile on March 3, 2015.

C. During that period, the Defendant did not submit a written reply disputing the Plaintiff’s claim, and did not appear on the date of the first instance trial, and the pleading was concluded on the said date of pleading, and the judgment citing the Plaintiff’s claim was rendered.

On March 18, 2015, the court of first instance served the original copy of the judgment at the domicile of the defendant, and D received the original copy of the judgment at the domicile of the defendant on March 20, 2015.

E. The Defendant submitted the instant written appeal on January 19, 2018, which was subsequent to the lapse of the appeal period of two weeks from the date the service of the original copy of the judgment became effective.

2. An appellant who has filed an appeal regarding the legitimacy of the subsequent appeal shall file an appeal within two weeks from the date on which the original of the judgment in the first instance was served, as a peremptory term, unless there exist such special circumstances as the service of the original of the judgment becomes invalid;

(Article 396 of the Civil Procedure Act). If a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.

(Article 173(1) of the Civil Procedure Act. On the other hand, it is determined that D received a copy of the complaint, a document of guidance of lawsuit, a notice of date for pleading, a notice of date for pleading, and an authentic copy of judgment at the defendant's domicile, and that the defendant was aware of the facts on which the lawsuit in this case is pending and the judgment of the court of first instance was pronounced. Thus, failure of the defendant to observe the period for