The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

The plaintiff filed the instant lawsuit against the defendant, and entered the defendant's address in Seongdong-gu Seoul building C and D as the defendant's address.

On July 8, 2018, the first instance court served a certified copy of the decision on performance recommendation, etc. on the defendant's domicile recorded in the complaint, and the defendant directly received it, and the defendant's attorney Lee Jae-ok submitted a written objection for the decision on performance recommendation to the first instance court on July 23, 2018, along with a letter of delegation of lawsuit.

On June 26, 2019, the defendant's attorney Lee Jae-hoon submitted a letter of resignation to the attorney, and on the same day, the law firm's deletion (such as Lee Jae-soo) submitted a letter of delegation of the lawsuit.

On the third date for pleading of the first instance court, the pleading was concluded (re-designated after the date for declaration), and thereafter the resignation of the defendant's attorney was submitted to the first instance court on November 8, 2019.

The first instance court served a notice of pronouncement to "Seoul Seongdong-gu Seoul Building and D," which is the domicile of the defendant, and the defendant directly received it on January 13, 2020.

On January 23, 2020, the first instance court rendered a judgment in favor of the plaintiff, and the first instance court served the original of the judgment twice as the defendant's domicile. When both the original of the judgment were unable to be served due to the absence of closure, the original of the judgment was served to the defendant by the method of service by public notice on February 19, 2020 and became effective on March 5, 2020.

On April 16, 2020, the defendant submitted a written appeal for the subsequent completion to the first instance court.

Judgment

Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to a reason why the party could not observe the period even though the party had exercised a duty of care to conduct procedural acts. In the event where the document of lawsuit cannot be served in a normal way during the course of litigation and is served by public notice.