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. Under the process of the trial in the first instance court and the defendant's subsequent appeal, the following facts are significant or obvious to this court.

On April 1, 2016, the Plaintiff filed the instant lawsuit against the Defendant at the court of first instance, seeking overdue wages and damages for delay thereof.

B. On April 15, 2016, a duplicate of the complaint submitted by the Plaintiff was served on the Defendant [the service place: the Seoul Yongsan-gu Seoul, the principal office of which is located in the corporate register] and the Defendant submitted a written answer to the court of first instance on May 30, 2016.

C. However, in the subsequent proceedings of the first instance court, the Defendant was not served with documents related to the lawsuit on the grounds of director unknown, and the trial was conducted by means of delivery.

On September 21, 2016, the court of first instance rendered a judgment that fully accepts the plaintiff's claim on September 21, 2016, and served the original copy of the judgment to the defendant on September 22, 2016, but returned to the defendant's unknown director

Accordingly, the court of first instance, on October 10, 2016, served the original copy of the judgment by public notice and came into effect on October 25, 2016.

E. On November 25, 2016, the Defendant submitted the instant written appeal to the court of first instance, where it is obvious that the service of the original copy of the judgment became effective and two weeks have elapsed.

2. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to the reason why the party could not observe the period despite the party’s exercise of the duty to act in the course of litigation. In a case where the documents of lawsuit cannot be served by means of ordinary means during the course of litigation and served by public notice, the case where the first copy of the complaint was served by public notice is different from the case where the lawsuit was served by public notice from the first copy of the complaint to the case where the lawsuit was conducted by public notice, and thus the party is obligated to investigate the progress of the lawsuit. Thus,