beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Even if the appeal following the subsequent completion of this case does not meet the requirements of service by public notice, but if the procedure of service by public notice is taken ex officio or upon request of the parties or ex officio, such service by public notice shall take effect as legal service.
(2) Article 173(1) of the Civil Procedure Act provides that “Where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist.” The term “reasons not attributable to him/her” here refers to the grounds for not complying with the relevant period, even though the party has exercised generally required care to conduct such procedural acts. In cases where the document of lawsuit cannot be served by public notice because it was served by public notice due to the impossibility of being served by public notice during the process of litigation, it is different from cases where the document of lawsuit was served by public notice from the first delivery of the copy of the complaint to the case where the document of lawsuit was served by public notice. Thus, if the party fails to investigate the situation of lawsuit and fails to observe the peremptory period due to such failure, it cannot be said that the party is liable for such failure. In addition, whether such party was present at the date for pleading and then whether the party was present at the date for pleading or whether notice was given at the date for pleading.
(see, e.g., Supreme Court Decisions 97Da50152, Oct. 2, 1998; 2012Da44730, Oct. 11, 2012). According to records, the first instance court served a duplicate of the complaint of this case as “No. D, 1508, G, and 1508,” which is the Defendant’s address, and the Defendant is at the above address on February 9, 2015.