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. Whether a subsequent appeal is lawful;

(a) The following facts are apparent in the records of recognition:

1) On May 23, 2014, the court of first instance served a copy of the Plaintiff’s complaint, a litigation guide, and a written reply summary with the Defendant’s residence under 601, 204, 601, and 204, which is the Defendant’s residence, and the Defendant’s mother, received them. 2) As to this, the Defendant’s mother did not submit the written reply, etc., the court of first instance designated the sentencing date. The court served the Defendant the notice of the sentencing date to the Defendant, but sent it on July 9, 2014, the director was unknown.

3) On July 22, 2014, the court of first instance rendered a judgment in favor of the Plaintiff. On August 5, 2014, the original of the judgment served the Defendant’s domicile and served the Defendant with an order of service by public notice on August 5, 2014, which would not be served with an unknown director. The Defendant filed an appeal for subsequent completion on October 16, 2014, which was after the 14th day from August 20, 2014 when service by public notice became effective. (b) “Grounds for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the grounds for not complying with the period, despite the party’s due care to conduct litigation. In light of the legal principles as seen earlier, the Defendant cannot be said to have breached the Plaintiff’s duty to lawfully perform the litigation by public notice from the date of service by public notice, and thus, cannot be said to have complied with the Plaintiff’s health situation (see, e.g., Supreme Court Decision 2014Da1414.