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The appeal by the plaintiff (Counterclaim defendant) shall be dismissed.
The costs of appeal shall be borne by the plaintiff (Counterclaim defendant).
purport, purport, and.
Reasons
1. The following facts are found to be significant in this court or to the purport of the entire pleadings.
A. On June 29, 2018, the Plaintiff filed the instant lawsuit with the Suwon District Court KRW 2018Gaso8209, and indicated “Yyeong-si C” as the Plaintiff’s address (hereinafter “Plaintiff’s address”), and entered the same address in the written petition for the subsequent port.
B. On August 9, 2018, the Plaintiff received an order to rectify the address from the court of first instance from the Plaintiff’s address. On August 14, 2018, the Plaintiff submitted a written order to correct the address to the court of first instance with respect to the Defendant.
C. The court of first instance served the Plaintiff with the Plaintiff’s address a duplicate of the Defendant’s written response, a duplicate of the counterclaim, a notice on the date of pleading, a notice on the date of pronouncement, and a notice on the date of pronouncement of judgment, but is not served as an absence of text, and served both by means of delivery from September 11, 2018 to December 26, 2018.
Since then, the court of first instance served the original copy of the judgment as the plaintiff's address on January 14, 2019 but was not served as the non-explosion. On February 11, 2019, service by public notice was made on February 26, 2019, and the service became effective on February 26, 2019, and the judgment of the court of first instance became final and conclusive on March 12, 2019.
E. On December 19, 2019, the Plaintiff submitted a written appeal for subsequent completion to the court of first instance on the two weeks after the date on which the original copy of the judgment was served.
2. Whether a subsequent appeal is lawful;
A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason why the party could not comply with the period, even though the party fulfilled generally required care to conduct the procedural acts. In a case where the documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the documents of lawsuit cannot be served by means of public notice, from the beginning, because the delivery of a copy of the complaint was different from the case in which the lawsuit was served by public notice, the party is obliged to investigate the progress of