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. The summary of the party's assertion 1) The defendant did not receive the original copy of the complaint of this case and the original copy of the judgment of the court of first instance and became aware of the fact that the judgment of the court of first instance was pronounced. The defendant was unable to observe the period of appeal against the judgment of the court of first instance due to a cause not attributable to the defendant, and since the defendant filed an appeal for the subsequent completion of the judgment of the court of first instance within two weeks from the date on which the cause not attributable to him, the appeal of this case is legitimate. 2) The plaintiff's spouse B received the copy of the complaint of this case,

Unlike the case where the service of the copy of the complaint by public notice was conducted from the service of the copy of the complaint to the case where the service of the document of lawsuit was made impossible by ordinary means while the document of lawsuit was served by public notice, the party is obligated to investigate the progress of the lawsuit. Thus, it does not constitute a case where the defendant could not observe the period of

B. In principle, delivery of a certified copy or duplicate of a document to a person to be served in a civil procedure is in principle (Article 178(1) of the Civil Procedure Act). If a person to be served is not present at a place to be served outside the work place, a document may be served by delivering the document to a person with intelligence to make reasonable judgment (Article 186(1) of the Civil Procedure Act). In this context, “a person who actually belongs to the same household as the person to be served with the person to be served (see Supreme Court Order 200Ma5732, Oct. 28, 200). Meanwhile, Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, the document may be supplemented within two weeks from the date on which such cause ceases to exist.”