The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

1. Whether a subsequent appeal is lawful;

A. The gist of the Defendant’s assertion was that the Defendant was unable to receive all documents related to the instant lawsuit from the court of first instance, including a duplicate of the complaint, and was unaware of the fact of the instant lawsuit.

The defendant is residing together with the defendant's spouse C and son, and the defendant's family members did not receive the original copy of the complaint or judgment in this case.

Therefore, since the defendant failed to comply with the peremptory appeal period due to a cause not attributable to the defendant, the appeal of this case is lawful.

B. Determination 1) Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts conducted within two weeks from the date on which such cause ceases to exist.” Here, “reasons not attributable to the party” refers to the grounds for failure to comply with the period despite having been generally required for conducting the procedural acts, and the party who seeks to supplement the procedural acts must assert and prove such grounds. Meanwhile, according to Article 186(1) of the Civil Procedure Act, if the person was not present at the place of service other than the working place, documents may be served by delivering documents to his/her child at the time of delivery (see, e.g., Supreme Court Decisions 201Da4470, Oct. 11, 2012; 2016Da475197, Jan. 25, 2017; 2015Da5797, Nov. 25, 2017).