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. Whether the appeal of the instant case is lawful or not, the Defendant filed an appeal of the subsequent completion because the original copy of the judgment of the first instance court was not served on the Defendant’s residence or service place, and the Defendant failed to observe the period of appeal due to a cause not attributable to the Defendant.

On September 22, 2015, the Plaintiff filed a lawsuit against the Defendant for damages under the Cheongju District Court 2015da110317, and the Defendant consented to the progress of the electronic lawsuit through the electronic litigation system on January 12, 2016, and the first instance court rendered a judgment on the Defendant’s partial failure on November 17, 2016, following which the case was conducted by the electronic litigation method, and served the original copy of the judgment to the Defendant on November 26, 2016 by means of the delivery of electronic litigation is either a dispute between the parties or is apparent in the record.

In full view of the above facts of recognition, as long as the defendant consented to the progress of electronic litigation through the electronic litigation system, the defendant is obligated to access the electronic litigation system to investigate the progress and the result of the adjudication, so it cannot be said that the defendant fails to observe the appeal period due to reasons not attributable to the defendant

Therefore, the defendant's appeal of this case is unlawful.

2. In conclusion, the defendant's appeal is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.