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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
1. Article 173(1) of the Civil Procedure Act provides that “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 litigation by neglecting his/her duty of care within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons for which the party cannot be held liable” means the reasons why the party could not observe the period, even though he/she performed the duty of care generally required for conducting the litigation.
However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant
(2) According to the records of this case, the court of first instance rendered a judgment accepting the Plaintiff’s claim on December 17, 2008 and served the Defendant by means of service by public notice on December 30, 2008, after serving a copy of the complaint against the Defendant, a written guidance of lawsuit, and a written notice of the date for pleading by public notice. The court of first instance is recognized to have filed an appeal following the subsequent completion of this case around January 30, 2019.
According to the above facts, it is reasonable to view that the defendant's failure to observe the peremptory period of filing an appeal was due to a cause not attributable to the defendant. Thus, the appeal of this case is lawful by satisfying the requirements for the subsequent completion of the litigation.
2. Determination as to the merits.