1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Article 173(1) of the Civil Procedure Act regarding the legality of an appeal subsequent to subsequent completion refers to the grounds why a party is unable to observe the period despite the party’s due care to conduct the said procedural acts. In a case where the party is unable to serve the litigation documents by means of ordinary means during the process of the lawsuit and served them by public notice, then the party is obliged to investigate the progress of the lawsuit by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory period, it cannot be said that the party is due to a cause not attributable to him/her, unless he/she investigates the progress of the lawsuit.

(See Supreme Court Decision 201Da44730 Decided October 11, 2012 (see Supreme Court Decision 2012Da4730, Oct. 11, 2012). On October 8, 2004, E, who was 12 years of age as of the Defendant’s wife, served a duplicate of the instant complaint on the Defendant’s resident registration, “F, 202, the domicile of the Defendant,” and thereafter, the first instance court rendered a judgment on November 13, 2014, the delivery of the instant complaint to the Defendant was impossible, and then served the original copy on the Defendant by public notice. The facts that the Defendant filed an appeal of the instant case on May 19, 2015 are apparent or obvious, and the Defendant’s statement and purport of the entire statement cannot be acknowledged in light of the following facts.

According to the above facts, the defendant is obligated to investigate the progress of the lawsuit since he received a copy of the complaint of this case lawfully and received it, and the litigation of this case was known to the court of first instance. Thus, the defendant is obligated to investigate the progress of the lawsuit. The copy of the complaint of this case was served on October 2004.