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. Article 173(1) of the Civil Procedure Act provides, “Where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date such cause ceases to exist,” and “reasons not attributable to the party” in this context refers to the reasons why the party could not comply with the period even though he/she performed the duty of care generally required for conducting the litigation, even though he/she performed the duty of care.

However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant.

(2) According to the records of this case, the court of first instance rendered a judgment that served a copy of the complaint against the defendant and a notice of the date of pleading by public notice, and accepted the plaintiff's claim on November 29, 2016, and served the original copy of the judgment on December 1, 2016 to the defendant by public notice. The plaintiff filed an application for the seizure and collection order of the defendant's deposit claim under the judgment of the court of first instance as the court of first instance 2017 Tasan Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch 2017, Feb. 28, 2017. The defendant issued the seizure and collection order on March 10, 2017. The defendant requested perusal and reproduction of the records of the application for the seizure and collection order on March 10, 2017.