1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Whether the subsequent appeal of this case is lawful

A. According to the relevant legal principles and Article 173(1) of the Civil Procedure Act, in a case where a party was unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may subsequently complete the procedural acts within two weeks from the date on which such cause ceases to exist. The term "reasons for which the party cannot be held liable" under the said provision refers to the grounds for failure to comply with the period despite the party's due care to perform the procedural acts, which was generally required. In a case where a document cannot be served by means of ordinary means during the course of a lawsuit being served by service, while the copy of the complaint, etc. was served lawfully and the lawsuit was served by means of service by public notice, it differs from the case where the lawsuit was conducted by public notice from the first copy of the complaint to the case where the party was served by public notice. Thus, if the party failed to investigate the progress of the lawsuit and fails to observe the peremptory period due to a cause not attributable to him/her, it shall not be deemed that the party is attributable to the subsequent completion of the appeal.

(See Supreme Court Decision 2012Da44730 Decided October 11, 2012 (see, e.g., Supreme Court Decision 2012Da4730, Oct. 11, 2012). Meanwhile, the service of documents in civil litigation may be delivered to the person to whom service was rendered, in principle, at the domicile, residence, or office of the person to whom service was rendered (Articles 178(1) and 183(1) of the Civil Procedure Act). In short, if the service agency fails to retain the person to receive service at the aforementioned place, the service agency may serve as a supplementary service, which

(Article 186(1)(b) of the same Act.

Facts of recognition

The following facts shall be apparent in the records or made to this court: