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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Whether the subsequent appeal of this case is lawful
A. The Defendant did not know the fact that the original copy of the judgment of the first instance was served by public notice and was sentenced to the judgment of the first instance court. On October 23, 2017, the Defendant filed an appeal for the subsequent completion of the appeal of this case on October 24, 2017, which became known through the case search around October 23, 2017, within two weeks thereafter. The Defendant asserted to the effect that the Defendant’s appeal of this case was lawful since it was impossible to observe the period of appeal due to any cause not attributable
B. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason for failure to comply with the period despite the party’s exercise of general duty to act in the course of litigation. In a case where the documents of lawsuit cannot be served in a usual way during the course of litigation and served by public notice, the documents of lawsuit cannot be served in a way of service by public notice. As such, the party is obligated to investigate the progress of the lawsuit even if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, it cannot be said that the party is attributable to a reason for not being held responsible.
In addition, according to Article 186(1) of the Civil Procedure Act, when a person to receive service is not present at a place where service is to be made other than work place, documents may be served by delivering documents to a person who is man of sense. Here, “place of service” as referred to in this context is not necessarily confined to the person’s resident registration, and “a person who lives together with the same household as the person to receive service” is also limited to a person who actually belongs to the same household as the person to receive service, and the circumstance that there is no negligence in failing to observe the period of appeal due to the failure to know the fact of sentence and service of judgment is to complete the appeal.