1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Whether a subsequent appeal is lawful;

(a) Facts subsequent to the recognition are significant or obvious in records in this court:

1) On March 17, 2016, the Plaintiff filed a lawsuit against the Defendant seeking payment of the amount as stated in the purport of the claim. The court of first instance served a certified copy of the decision on performance recommendation and a guide for lawsuit at the Defendant’s domicile, and the Defendant’s employees C received a certified copy of the said decision on performance recommendation on April 7, 2016. (2) The Defendant submitted a written objection against the said decision on performance recommendation to the court of first instance on April 19, 2016, within two weeks from the date of receipt of the decision on performance recommendation.

3) On September 5, 2016, the court of first instance: (a) designated the first date for pleading as the date for pleading on September 29, 2016 and sent a notice of the date for pleading to the Defendant on September 22, 2016; (b) sent the notice of the date for pleading to the Defendant on September 22, 2016, which was not to be served on the date for pleading due to the unknown whereabouts of the directors; (c) the first instance court designated the second date for pleading as the date for pleading on October 13, 2016, and sent the notice of the date for pleading to the Defendant on September 30, 2016; and (d) sent the notice of the date for pleading to the Defendant on October 10, 2016, which was not served on the date for pleading due

5) On October 13, 2016, the court of first instance concluded the pleadings and rendered a judgment accepting the Plaintiff’s claim, and served the original copy of the judgment to the Defendant on October 26, 2016, but did not serve the original copy due to the director’s unknown service, and served the service by public notice on October 26, 2016. The service by public notice became effective on November 10, 2016. (6) The Defendant submitted the instant written appeal to the Defendant on January 26, 2018, after the second-year appeal period from the time the service by public notice became effective.

B. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to the reason why the party could not comply with the period despite the party’s exercise of the duty to act in the course of litigation, and is ordinarily going through the process of litigation.