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. Determination on the legitimacy of a subsequent appeal

A. According to the records of this case, ① A filed the instant lawsuit against the Defendant on February 6, 2018. On February 20, 2018, the first instance court sent a copy of the complaint, a written guidance for litigation, and a written response to the Defendant’s resident registration (hereinafter “instant address”). N was a person living together with the Defendant on February 23, 2018 and served a duplicate, etc. of the complaint at the said address; ② the first instance court sent the notice of sentencing on April 2, 2018 to the Defendant’s live together with the Defendant on April 6, 2018; ③ the first instance court sent the notice of sentencing on April 13, 2018 to the Defendant, which was sent to the Plaintiff’s domicile on April 13, 2018; and ④ the fact that the Defendant sent the above judgment to the Defendant’s address on April 13, 2018 and the above judgment did not appear to have been served as the original copy of the judgment.

B. According to Article 173(1) of the Civil Procedure Act, where a party is unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may subsequently complete the procedural acts within two weeks from the date on which such cause ceases to exist. The term “reasons for which the party cannot be held liable” under the said Article refers to the grounds for failure to comply with the period even though the party had exercised generally due diligence to do such procedural acts. In cases where a document of lawsuit is served by means of public notice while the document of lawsuit is being served lawfully and the duplicate, etc. of the complaint was served by means of ordinary means, and thus the document of lawsuit cannot be served by public notice is served by public notice, the first copy of the complaint was served by public notice.