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. The service of a judgment on the legitimacy of an appeal for subsequent completion shall be limited to the domicile, temporary domicile, domicile, or business office of the person;

(Article 183(1) of the Civil Procedure Act. The service of documents may, in principle, be made by delivery to the person to receive the service, or, if the service institution fails to retain the person to receive the service at the same place as above, by means of a supplementary service of documents to his/her clerk, employee, or cohabitant, who is man of sense, as his/her employee.

(Article 186(1) of the same Act. If a supplementary service is made, the service shall take effect at the time of delivery of the litigation document by office staff, employee, cohabitant, etc., and whether the person to receive the document finally receives the document, or the time of service does not have any relation to the validity of the service.

(2) Article 173(1) of the Civil Procedure Act provides that “A party’s failure to perform his/her duties” refers to a party’s failure to perform his/her duties, even though he/she had paid due care to do litigation, shall not be deemed a party’s failure to perform his/her duties,” and Article 173(1) of the Civil Procedure Act provides that “a party’s failure to perform his/her duties shall be deemed impossible to perform his/her duties,” and where documents are served by means of service, such as service by public notice, due to his/her failure to perform his/her duties, shall not be deemed a cause not attributable to the party, if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory term due to his/her failure to perform his/her duties.” Meanwhile, the circumstance that the party was unable to perform his/her duties due to failure to observe the period of appeal due to the failure to know the pronouncement and service of the judgment shall be asserted

(Supreme Court Decision 2012Da44730 Decided October 11, 2012, and Supreme Court Decision 2014Da211886 Decided October 30, 2014, etc.). This case pertains to this case.