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. Basic facts

A. On November 28, 2016, the Plaintiff filed the instant lawsuit by stating the Defendant’s address as “G in official city,” and the Defendant’s employee H received the said written complaint at the Defendant’s domicile.

B. On February 1, 2017, the Defendant submitted a written response requesting the dismissal of the Plaintiff’s claim, and appointed D as an attorney in the first instance trial proceedings, and D was present at the date of pleading of the first instance court as the Defendant’s attorney.

C. On March 15, 2018, the first instance court concluded the pleadings on the date of pleading, and on April 20, 2018, the date of adjudication was designated as 10:00 on April 20, 2018, but changed on May 18, 2018.

On May 15, 2018, the Defendant submitted an application for presumption of the date of adjudication, but the first instance court rendered a judgment in favor of the Plaintiff on May 18, 2018.

On May 25, 2018, and on May 28, 2018, both the original copy of the judgment in the first instance court was not served on the defendant due to the absence of closure. On June 4, 2018, the first instance court issued an order of service by public notice with respect to the service of the original copy of the judgment in the first instance court, and accordingly, the service of the original copy of the judgment in the first instance court against the defendant at the time of June 19, 2018.

E. On July 3, 2018, the Defendant submitted a petition of appeal to the first instance court.

[Reasons for Recognition] Clear fact in this Court or obvious in records

2. Determination on the legitimacy of the appeal of this case

A. The appeal shall be filed within two weeks from the date on which the judgment of the first instance is served (Article 396(1) of the Civil Procedure Act). Since the above period is a peremptory term (Article 396(2) of the Civil Procedure Act), the appeal filed after the lapse of the above period of appeal is unlawful as it fails to meet the requirements for appeal.

On the other hand, Article 173 (1) of the Civil Procedure Act provides that "if a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist."