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. In principle, delivery of a certified copy or duplicate of a document in a civil lawsuit is to be made by delivering the document to the person to whom the service is to be made (Article 178(1) of the Civil Procedure Act). If the person to whom the service is to be made is not present at the place of service other than the work place, the document may be served by delivering the document to the person to whom the service is to be made, such as the person living together (Article 186(1) of the Civil Procedure Act). Here, “a person living together” refers to a person who actually belongs to the same household as the person to be served with the person to whom the service is to be made (see Supreme Court Order 200Ma5732, Oct. 28, 200). Meanwhile, Article 173(1) of the Civil Procedure Act provides that “if a party is unable to comply with the peremptory period due to any cause not attributable to him/her, the document may be supplemented within two weeks from the date on which such cause ceases to exist.” In this context, “a person liable for litigation” can generally be performed within the period of the duty of due care.

In addition, the term “the date when a cause ceases to exist” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. Barring any other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative

(See Supreme Court Decisions 99Da9622 Decided June 11, 1999; 2010Da7504, 75051 Decided January 10, 2013, etc. (see, e.g., Supreme Court Decisions 9Da7504, 75051).

Judgment

In respect of this case, each description of the Ministry of Health and Welfare Nos. 2, 3, and 4 shall be made to this Court.