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1. The judgment of the first instance, including the counterclaim claim filed by the Defendant (Counterclaim Plaintiff) in this court, is as follows.
Reasons
1. As long as the Defendant asserted the legitimacy of the Defendant’s appeal, and the Defendant received the Kakao Stockholm message from the Plaintiff that received the instant complaint, and became aware of the continuation of the instant lawsuit, it did not comply with the obligation to investigate the progress of the lawsuit thereafter and to find out the outcome thereof.
Therefore, even if the defendant was unable to observe the appeal period due to the fact that the notice on the date of pleading of the first instance court was sent to the defendant, and the original copy of the judgment of the first instance court was served by public notice, it cannot be deemed that the defendant could not observe the appeal period due to a cause not attributable to the defendant.
Ultimately, the Defendant’s appeal is unlawful as it was filed after the lapse of the appeal period and does not meet the requirements for subsequent completion.
Judgment
Unless there are special circumstances, if the written complaint or the original copy of the judgment, etc. was served by service by public notice, the defendant shall be deemed to have failed to know the service of the judgment without negligence, and in such a case, the defendant shall be deemed to have failed to comply with the peremptory period due to a cause not attributable to him/her and may file an appeal for subsequent completion within two weeks after
(See Supreme Court Decision 94Da24299 delivered on December 13, 1994. The defendant's domicile at the time of the receipt of the complaint of this case is "F and the first floor of Daejeon Pungdong," but the complaint submitted by the plaintiff was sent a duplicate of the complaint to the address on August 24, 2018, stating that the delivery method of the notice of delivery (Evidence B) of the copy of the complaint of this case was stated as "the defendant's domicile was sent to the address of the principal, the residence, and the person living together with the residence," and the name column of the recipient was stated as "H" in the name column, and the relation column of the recipient was stated as "spouse," and the signature or seal column was stated as "H."