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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.
Reasons
1. Judgment on the legitimacy of the subsequent appeal
A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason for failure to comply with the period despite the party’s exercise of general duty to act in the course of litigation. In a case where the documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the documents of lawsuit cannot be served by means of service during the process of litigation, which is different from the case where the documents of lawsuit were served by public notice from the first delivery of a copy of a complaint to the case where the lawsuit was served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails
B. The Plaintiff filed the instant lawsuit with the court of first instance against the Defendant at the court of first instance, along with the Plaintiff’s co-Plaintiff D, and served a written reply and the date for pleading at the Plaintiff’s domicile indicated in the complaint, and thereafter, the Plaintiff appeared at the first instance court’s first instance court’s first and second date for pleading, and the court of first instance designated the sentencing date on August 2, 2017 when the pleading was concluded on the second date for pleading, and changed the sentencing date on the same day to August 30, 2017. The notification of the change date to the Plaintiff was impossible to serve due to the absence of a closed text, and the decision was rendered on August 30, 2017 by the court of first instance after serving the Plaintiff the original of the judgment on the date for delivery by registered mail at the Plaintiff’s domicile, but it was impossible to serve the original of the judgment again due to lack of text, and the fact that the Plaintiff was issued the original of the judgment to the court of first instance on September 11, 2017.
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