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. Determination on the legitimacy of a subsequent appeal

A. 1) The Plaintiff filed the instant lawsuit on November 4, 2008. On November 7, 2008, the Plaintiff served a duplicate of the complaint on the part of the Defendant’s father to Busan Metropolitan City, the domicile of the Defendant, on November 7, 2008. 2) The Defendant did not submit a written answer within 30 days. On December 9, 2008, the court of first instance sent the notice of the sentencing date to the Defendant on December 18, 2008, but did not serve the notice as an addressee.

3) On December 24, 2008, the court of first instance rendered a favorable judgment of the Plaintiff (a non-litigation) and on January 2, 2009, sent the original copy of the said judgment to the Defendant on January 20, 2009, but did not serve the original copy due to an addressee’s unknown address, and served the said original copy on January 20, 2009 at the time of February 40, 2009, which became effective. 4) The Defendant submitted the written appeal of this case on February 1, 2019.

[Reasons for Recognition] Cleared Facts in the record, the purport of the whole pleading

B. According to Article 186(1) of the Civil Procedure Act, a document may be delivered to a person on whom service was made at his domicile, residence, business office, or office (Article 183(1) of the Civil Procedure Act), and if a person on whom service was made is not present at a place other than his/her working place, to a person on whom service was made, as his/her clerk, employee, or person living together (Article 186(1) of the Civil Procedure Act). According to Article 173(1) of the Civil Procedure Act, if a party is unable to comply with the peremptory period due to a cause not attributable to him/her, the document may be subsequently completed within two weeks from the date on which such cause ceases to exist. The "reasons not attributable to the party" under the above provision refers to the reason why the party could not comply with the period even though he/she had paid general attention for conducting litigation, and where the document of lawsuit cannot be served by public notice during the proceeding of litigation by ordinary means.