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. Determination on the legality of the subsequent appeal

(a) The following facts are apparent in the records:

(1) On June 7, 2016, the Plaintiff filed the instant lawsuit against the Defendant.

(2) On August 18, 2016, the court of first instance served a duplicate of the instant complaint and a written guidance of lawsuit as Seoul Special Metropolitan City C, 101 Dong 402, the Defendant’s domicile, and received the said documents at the Defendant’s domicile.

(3) On August 26, 2016, the court of first instance: (a) designated the first date for pleading as the date for pleading on September 28, 2016 and served the Defendant with a notice of the date for pleading on the said domicile; (b) when the notice of the date for pleading was unable to be served due to the absence of a closed text, the court of first instance sent the said notice of the date for pleading on September 8, 2016 and sent it to the Defendant.

(4) On September 28, 2016, the court of first instance sentenced the first instance court to conclude the pleading and to accept the Plaintiff’s claim on the date of pleading, and on October 21, 2016, the judgment of the first instance became final and conclusive on November 19, 2016, by serving the Defendant by public notice.

(5) On October 10, 2017, the Defendant filed a subsequent appeal.

B. 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 negligent within two weeks from the date on which such cause ceases to exist, and the circumstance that there was no negligence in failing to comply with the period of appeal due to his/her failure to know the pronouncement and service of the judgment is insufficient, shall be asserted and attested by the party

(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). Meanwhile, according to Article 186(1) of the Civil Procedure Act, a document may be served by delivering documents to a person living together with the mental capacity to make reasonable judgment, if the person to be served was unable to appear at a place other than the working place. Here, “a person living together” refers to service.