1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

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 observe the relevant period even though the party had exercised a general duty to act in the course of litigation. In a case where the documents of lawsuit cannot be served in a usual way during the course of litigation and served by public notice, the documents of lawsuit cannot be served in a way of service by public notice. As such, the party is obligated to investigate the progress of the lawsuit even if the party fails to investigate the progress of the lawsuit and fails to abide by the peremptory period, it cannot be said that the party is attributable to a reason for which the party cannot be held responsible.

Furthermore, the circumstance that there was no negligence in failing to observe the appeal period due to the failure to know the declaration and service of the judgment should be proved by the parties who want to supplement the appeal later.

(See Supreme Court Decision 2012Da44730 Decided October 11, 2012, etc.). According to the records of this case, the Defendant must prove that “workplace B” was not negligent in failing to file an appeal due to the failure of the Defendant’s knowledge of the pronouncement and delivery of the judgment, on January 11, 2016, when the first instance court served on the Defendant at the domicile of the Defendant company’s registry, and on February 111, 2016, the notice of the pronouncement date of non-litigation was received respectively.

However, there is no particular assertion or proof about the situation.

Therefore, it is reasonable to view that the subsequent appeal of this case was filed after the lapse of the appeal period stipulated in Article 396 of the Civil Procedure Act due to the defendant's cause attributable to the defendant.

If so, the defendant's appeal to correct it is unlawful, so it is decided as per Disposition by the assent of all participating Justices.