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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
We examine the plaintiff's prior defense on the merits.
Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party is not liable” refers to a reason why the party could not observe the period even though he/she had exercised a general duty to act in the course of litigation. In cases where the document of lawsuit cannot be served by public notice as a matter of ordinary way during the course of litigation, and was served by public notice, the document of lawsuit cannot be served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit by public notice. Thus, if the party fails to investigate the progress of the lawsuit and thereby fails to observe the peremptory period, it cannot be deemed that the party is not responsible for the reason for not being responsible. Further, such obligation is borne, regardless of whether the party was present and present at the date of pleading, whether the party was notified of the date of pleading after the date of pleading present at the date
(See Supreme Court Decision 2014Da211886 Decided October 30, 2014, etc.). The first instance court served a notice of a copy of the complaint and the date for pleading to the Defendant. The Defendant’s spouse received such notice. The first instance court closed pleadings on July 6, 201, and rendered a judgment of the first instance on July 20, 201 following the closure of pleadings. The original copy of the judgment of the first instance on August 8, 2011, which was served on the Defendant by public notice and became effective on August 23, 2011, is obvious in the records. As such, the Defendant was aware of the fact that the instant lawsuit was filed, but failed to investigate the progress of the lawsuit, thereby failing to observe the appeal period, and it cannot be said that there was no negligence on the Defendant.
Therefore, the appeal of this case is not possible to observe the period of appeal due to a cause not attributable to the defendant.