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 the appeal is lawful after subsequent completion;

A. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to a reason why the party could not observe the period even though he/she has exercised a general duty to do the procedural acts. In cases where the service of documents related to a lawsuit was impossible as a result of the failure to serve the documents related to the lawsuit in the process of the lawsuit by public notice, and the service by public notice is inevitable, the party is obligated to investigate the progress of the lawsuit by public notice from the beginning. Thus, if the parties did not know the progress of the lawsuit before the court, it shall not be deemed that there is no negligence. Further, such obligation is a matter of whether the party was present at the date for pleading and present at the date for pleading, whether the party was notified of the date for pleading after the date for pleading present at the date

(See Supreme Court Decision 2004Da16082 Decided July 22, 2004; Supreme Court Decision 97Da50152 Decided October 2, 1998; Supreme Court Decision 86Da2224 Decided March 10, 198; and Supreme Court Decision 86Da2224 Decided March 10, 198; etc.). Moreover, the circumstance that there was no negligence in failing to observe the period of appeal due to the failure to know the pronouncement and service of the judgment, shall be asserted and proved by the party who intends to subsequently supplement the appeal.

(Supreme Court Decision 2012Da44730 Decided October 11, 2012). B.

Judgment

In the first instance court, the Plaintiff filed the instant lawsuit against the Defendant, and the Defendant’s mother C served a duplicate of the complaint on March 27, 2018 at the Defendant’s domicile at the time, and thereafter, the first instance court notified the Defendant of the date of pleading and other documents related to the lawsuit, such as the notice on the date of pleading, but it was impossible to serve the documents due to the absence of a closed door, etc., and notified the date by the method of delivery by registered mail to the Defendant’s domicile, and the date of pleading on July 17, 2018 after the Defendant was absent.