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. Determination on the legitimacy of a subsequent appeal

A. According to the records of this case, the plaintiff filed the lawsuit in this case against the defendant on May 24, 2017, and the first instance court sent a certified copy of the decision of performance recommendation and a statement of lawsuit guidance to the defendant on May 24, 2017. The defendant's representative director E served a certified copy of the decision of performance recommendation and a statement of lawsuit guidance at the above address on June 13, 2017. ② the defendant submitted a written objection and a written response to the decision of performance recommendation to the first instance court on June 15, 2017. ③ The first instance court sent the second notice and a one-time notice to the defendant's domicile, but sent each of the above addresses to the defendant's address without being served as the director's unknown, ④ the first instance court accepted all of the plaintiff's claims on November 29, 2017, and the defendant sent the above certified copy to the defendant's address as the certified copy on June 13, 2017.

B. We examine the judgment, and pursuant to Article 173(1) of the Civil Procedure Act, in a case where the parties cannot comply with the peremptory period due to a cause not attributable to them, it may subsequently complete the procedural acts within two weeks from the date on which such cause ceases to exist. The "reasons for which the parties cannot be held liable" as stipulated in the above Article refers to the reasons why the parties could not comply with the period even though they had exercised generally due diligence to do the procedural acts. Thus, the document of the lawsuit cannot be served by means of ordinary means during the proceedings where the duplicate, etc. of the complaint was served lawfully and the lawsuit was pending.