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. An appeal to determine whether the appeal of this case is lawful shall be filed within two weeks from the date on which the written 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), an appeal filed after the lapse of the above period of appeal is unlawful as it does not meet the requirements for

Meanwhile, 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 neglected within two weeks from the date such cause ceases to exist.” The phrase “reasons for which the party cannot be held liable” refers to the grounds for failure to observe the period despite the party’s exercise of generally required care to conduct such procedural acts (see, e.g., Supreme Court Decision 2005Da14465, Sept. 15, 2005). The original copy of the judgment of the first instance shall be served on the Defendant at 20:0 a.m. on April 9, 2019 (see, e.g., the proviso to Article 11(4) of the Act on the Use of Electronic Documents, etc. in Civil Procedure, etc.). Thus, the Defendant shall have served on the Defendant at 20 a.m., the original copy of the judgment of the first instance within the 20thm.

Furthermore, a party cannot be held liable for the late filing of appeal by the defendant.