1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. The following facts are found to be significant in this court or to the purport of the entire pleadings.

A. On July 14, 2008, the Plaintiff filed the instant lawsuit against the Defendant, and indicated the Defendant’s address as “Mai-si C Apartment D (hereinafter “instant domicile”)” (hereinafter “instant address”).

B. On August 28, 2008, the court of the first instance had the Defendant serve the documents of lawsuit, etc. by means of service by enforcement officers (time). On September 2, 2008, the Defendant received the copies of the complaint of this case, the litigation guide, etc. at the address of this case.

C. On October 27, 2008, the court of first instance sent a notice of the sentencing date to the Defendant on the domicile of the instant case, but was not served as a closed door absence. The service was sent on November 10, 2008 and sent on the following day.

Since then, the court of first instance served an original copy of the ruling of recommending reconciliation on November 25, 2008 and December 8, 2008 on the domicile of this case on the defendant, but was not served as a closed door absence. In other words, the court of first instance again sent a notice of the sentencing date on January 15, 2009 and January 28, 2009, but did not serve as a director's unknown number.

E. Accordingly, on January 31, 2009, the court of first instance rendered a notice to the Defendant by means of delivery of the notice of the sentencing date and rendered a notice to the Defendant on February 2, 2009.

F. On February 11, 2009, the court of first instance rendered a judgment citing the Plaintiff’s claim (a non-litigation) and on February 19, 2009, sent the original copy of the above judgment to the Defendant on February 19, 2009, but was not served by the director’s unknown address, and on February 27, 2009, sent the original copy of the above judgment to the Defendant by public notice and became effective as against the Defendant at March 14, 2009.

G. The defendant filed an appeal of this case on March 19, 2020 where the period of appeal for 14 days elapsed from the date of service of the original copy of the above judgment.

2. Whether a subsequent appeal is lawful;

A. “A cause for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act means the period in which the party has fulfilled generally the duty of care to conduct the said procedural acts.