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. Determination on the legitimacy of the subsequent appeal

(a) Facts subsequent to the recognition are significant or obvious in records in this court:

1) On May 13, 2005, the Plaintiff filed the instant lawsuit against the Defendant. On May 13, 2005, the court of first instance tried to serve the Plaintiff with the Defendant’s domicile as indicated in the instant complaint, but became impossible to serve with the Defendant. (2) The court of first instance rendered a judgment accepting the Plaintiff’s claim on August 31, 2005 after serving the Defendant with the document of lawsuit, such as a copy of the complaint and a writ of summons of date for pleading, by public notice. The original of the judgment was served to the Defendant by public notice.

3) On October 16, 2006, the Defendant applied for and received the original copy of the judgment at the court of first instance on the same date. On February 29, 2016, the Defendant filed an subsequent appeal. (b) The main text of Article 173(1) of the Civil Procedure Act provides, “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts conducted within two weeks from the date on which such cause ceases to exist.” Here, “reasons not attributable to a party” refers to a cause for which the party was unable to comply with the relevant period despite the party’s duty of care generally required for conducting procedural acts (see, e.g., Supreme Court Decision 2004Da16082, Jul. 22, 2004); and (c) the Defendant received the service period by means of publication in the first instance trial documents and judgment by public notice; and thus, the Defendant’s judgment cannot be deemed to constitute the original copy due to the lapse of the first instance judgment and second instance judgment.