1. The plaintiff's appeal shall be dismissed.

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

Purport of claim and appeal

The first instance court.

1. The facts under the following basic facts are remarkable or obvious in records to this court:

The Plaintiff filed a lawsuit claiming for repair expenses, etc. against the Defendant as the Busan District Court Decision 2015Kadan10938, which claimed for the payment of KRW 32,136,000 and delayed payment damages therefor. The Plaintiff entered the Plaintiff’s service place in the complaint “Seoul-si G, 707,” and the delivery receipter as “Certified Judicial Scriveners H”.

B. As the Plaintiff was absent on the fourth day for pleading on December 10, 2015, this court closed the pleadings, and then served the notice of the sentencing date to the service place reported by the Plaintiff on the same day, and I received the notice at the service place on December 16, 2015.

C. On December 24, 2015, the instant court rendered a judgment dismissing all the Plaintiff’s claims (hereinafter “instant judgment”), and served the original copy of the instant judgment as the service place on December 28, 2015, and the said I received it at the service place on January 4, 2016.

After that, on January 22, 2016, the Plaintiff asserted that “A certified judicial scrivener in charge of the Plaintiff’s lawsuit was unable to receive a written judgment due to his/her suspension of business, and received a written judgment directly with the court on January 22, 2016,” and submitted a written complaint for the subsequent completion of business (hereinafter “written complaint for the subsequent completion of business”).

2. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” as to the legitimacy of the appeal of this case refers to the reason why the party could not comply with the period even though the party had exercised generally required care to conduct the procedural acts. In a case where the service of documents in the process of a lawsuit was impossible and the service of documents in the process of service by public notice was inevitable as a result, the party is obliged to investigate the progress of the lawsuit from the beginning, as it is different from that of service by public notice. Thus, the party is obliged to investigate the progress of the lawsuit from the beginning.