1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

1. The legality of the defendant's appeal for the completion of the appeal

A. On June 20, 2016, the Plaintiff filed the instant lawsuit against the Defendant. A duplicate of the instant complaint was served on the Defendant on July 1, 2016, and the Defendant submitted a written reply on July 15, 2016. 2) The first instance court rendered a judgment in favor of the Plaintiff on November 9, 2016, and served the original copy of the judgment to the Defendant but was not served as an addressee. As such, on November 18, 2016, the Plaintiff ordered service by public notice to the Defendant, and the service by public notice became effective on December 3, 2016.

3) From December 3, 2016 to December 3, 2016, the Defendant filed an appeal for the subsequent completion of the appeal in this case on February 8, 2017, with the limit of 14 days for the appeal period. [The fact that there is no dispute over grounds for recognition, the substantial fact in this court, and the purport of the entire

B. An appellant of the relevant legal doctrine ought to file an appeal within two weeks from the day when the original copy of the judgment was served as a peremptory term, unless there are special circumstances such as the service of the original copy of the judgment in the first instance

(Article 396 of the Civil Procedure Act). If a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.

(1) Article 173(1) of the Civil Procedure Act provides, “A party’s failure to perform his/her duties” under Article 173(1) of the Civil Procedure Act refers to the grounds for failure to comply with the period despite the party’s general duty to perform his/her procedural acts. In cases where documents of lawsuit cannot be served in a usual way during the process of litigation and served by public notice, the delivery of a copy of the complaint to the party at first place to investigate the progress of the lawsuit by public notice is different from the case in which the lawsuit was served by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, the party may be held liable.