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1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On March 26, 2012, the Plaintiff filed the instant lawsuit against the Defendant, and the duplicate of the instant complaint was served on May 23, 2012 by E, the Defendant’s spouse, from “Madong-gu, Gwangju-gu.”
B. On July 23, 2012, the Defendant did not submit a written reply even after receiving a duplicate of the instant complaint, and the first instance court sent a written notice of the date for pleading to the Defendant’s address on July 23, 2012, but did not serve the documents due to the absence of closure, and served the documents by the method of delivery on July 31, 2012, and rendered a judgment in favor of the Plaintiff on August 14, 2012.
C. The first instance court sent an authentic copy of the judgment of the first instance to the Defendant’s address, but was served on August 29, 2012 due to the Defendant’s absence of a closed door, and served it by means of service by public notice.
On September 19, 2018, the defendant submitted a written appeal to the first instance court for the subsequent completion of the judgment.
[Grounds for recognition] The substantial facts in this Court and the purport of the whole pleading
2. Whether a subsequent appeal is lawful;
A. Article 173(1) of the Civil Procedure Act provides, “A party’s “reasons for which he/she is not liable” refers to the grounds for failure to comply with the period, even though the party fulfilled his/her duty to act in the course of litigation. In cases where documents of lawsuit cannot be served by means of ordinary means during the course of litigation and served by public notice, the delivery of a copy of the complaint was made by public notice, and thus, the party is obliged to investigate the progress of the lawsuit from the beginning. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, it cannot be said that the party is attributable to any cause not attributable to the party.
(see, e.g., Supreme Court Decision 2006Da3844, Mar. 10, 2006). Circumstances that a person was negligent in failing to observe the period of appeal due to the failure to know the pronouncement and delivery of the judgment, etc., are subject to appeal.