The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts below the facts of recognition are significant or obvious in records to this court:

The Plaintiff filed the instant lawsuit on May 8, 2015, and revised the Defendant’s address to “Seoul Yangcheon-gu H” (hereinafter “instant address”) according to the first instance court’s order of correction.

B. On July 8, 2015, the first instance court served the Defendant with a duplicate of the instant complaint, a litigation guide, etc. as the domicile of the instant case. On July 26, 2015, the Defendant himself received it directly at the domicile of the instant case.

C. After that, when the notice of the date of pleading against the Defendant was unable to be served due to the absence of a door at the domicile of this case, the first instance court rendered a service by dispatch, and proceeded with the trial procedure, and rendered a favorable judgment against the Defendant on November 23, 2016.

On December 1, 2016, the first instance court served the original copy of the judgment to the Defendant on the domicile of this case, but it was impossible to serve the original copy due to the absence of closure, and served the original copy of the judgment on December 12, 2016, and served it on December 27, 2016, and served it on December 27, 2016.

E. On March 6, 2020, the defendant submitted a written appeal for the subsequent completion to the first instance court on March 6, 2020, where the appeal period has lapsed.

2. Whether a subsequent appeal is lawful;

A. “A cause for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to a cause for which the party could not observe the period even though he/she fulfilled generally required care for conducting the said procedural acts, and the circumstance that the party was not negligent in failing to observe the period of appeal due to failure to know the pronouncement and service of the judgment, etc., should be asserted and proved by the party who intends to complete the appeal (see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). As a copy of the complaint was served lawfully on the Defendant while the lawsuit was pending, the delivery of the document was impossible, and the original copy of the judgment of the first instance was served by public notice on the closing country, from the original copy of the complaint.