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. On November 30, 2018, the Plaintiff filed the instant lawsuit, and a duplicate of the instant complaint was served on the Defendant at the Defendant’s domicile on January 14, 2019. 2) On March 4, 2019, the court of first instance sent a notice of the date for pleading to the Defendant on March 4, 2019, but was not served due to the absence of a closed text, and sent it on March 20, 2019 and sent it to the Defendant on the following day.

3) On April 24, 2019, the court of first instance concluded the pleadings and sentenced the Plaintiff’s winning judgment. On April 29, 2019, the court sent the original copy of the said judgment to the Defendant on May 10, 2019, but did not serve the said original copy due to the director unknown, and served the said original copy on May 25, 2019 and became effective at the time of May 25, 2019. 4) The Defendant submitted the instant supplementary appellate brief on September 6, 2019.

[Grounds for Recognition] Cleared facts in records

B. The Defendant alleged that the Defendant did not participate in the proceedings of the first instance court because he was unable to receive the notification of the date of pleading after receiving a duplicate of the complaint, and that the Defendant received the notification of deposit from the Plaintiff and became aware of the fact that the court of first instance received the written judgment from the court of first instance on August 28, 2019 and was sentenced to the judgment. Thus, the instant appeal filed within two weeks from the above date is lawful appeal.

C. Determination 1) The service is made at the domicile, residence, business office, or office of the person receiving the service (Article 183(1) of the Civil Procedure Act). The main text of Article 173(1) of the Civil Procedure Act provides that “In the event a party was unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may supplement the litigation by negligence within two weeks from the

"Grounds for which a party cannot be held responsible" under the above provision refers to the reasons why the party could not comply with the period even though the party had exercised a general duty to do an act of litigation.

However, during the process of litigation, it is ordinarily significant.