1. The part of the judgment of the court of first instance against Defendant B, C, and Han Bank shall be revoked.

2. The plaintiff's defendant B, C, and.

1. Determination as to the legitimacy of Defendant D’s subsequent appeal

A. Defendant D’s assertion was served with a duplicate of the complaint of this case, and the first instance court dealt with the notification of the first day for pleading after Defendant D was served with a copy of the complaint of this case by means of dispatch and service of documents related to the lawsuit after the date for pleading of this case, and served with the original copy of the judgment of the first instance court. Accordingly, the above Defendant failed to observe the period for appeal because he was unaware of the date for delivery of judgment, and this was impossible to observe the period for appeal due to a cause not attributable to himself

B. Article 173(1) of the Civil Procedure Act provides, “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 public notice. As such, the party is obligated to investigate the progress of the lawsuit even if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, it cannot be said that the party is attributable to any reason for not being held responsible.

In addition, according to Article 186(1) of the Civil Procedure Act, when a person to receive service is not present at a place other than a work place, documents may be served by delivering documents to a person who is man of sense as a person living together. Here, “place to be served” as referred to in this context is not necessarily confined to the domicile of the person to receive service, and “a person living together” is only a person who actually belongs to the same household as the person to receive service and actually lives together, and is sentenced and served.