1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

We examine the legitimacy of the appeal of this case.

Service shall be extended at the domicile, residence, business office or office of the served person.

(Article 183(1) of the Civil Procedure Act. The service of documents may, in principle, be made by delivery to the person to receive the service, or, if the service institution fails to retain the person to receive the service at the same place as above, by means of a supplementary service of documents to his/her clerk, employee, or cohabitant, who is man of sense, as his/her employee.

(Article 186(1) of the same Act. If a supplementary service is made, the service shall take effect at the time of delivery of the litigation document by office staff, employee, cohabitant, etc., and whether the person to receive the document finally receives the document, or the time of service does not have any relation to the validity of the service.

(See Supreme Court Decision 84Nu405 delivered on June 26, 1984. Further, the "reasons for which the parties cannot be held liable" under Article 173(1) of the Civil Procedure Act refers to reasons why the parties could not observe the period despite the parties' due care to perform their procedural acts. Thus, where the service of documents related to a lawsuit is impossible as a result of the impossibility of being served by public notice, the parties are obliged to investigate the progress of the lawsuit from the beginning to the date of service by public notice. Thus, if the parties are not aware of the progress of the lawsuit before the court, it cannot be said that there is no negligence. This obligation is recognized regardless of whether the parties were present and present at the date of pleading, whether the parties were notified of the date of pleading following the date of pleading at the date of pleading, or whether the parties were appointed the legal representative.

In addition, the circumstances where there is no negligence in failing to observe the appeal period due to the lack of knowledge of the pronouncement and service of the judgment are to complete the appeal.