1. The appeal of this case shall be dismissed.

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

1. Purport of claim and appeal

1. The following facts are apparent in the records:

On January 14, 2019, the defendant served an original copy of the decision on performance recommendation and a litigation guide, and filed an objection against the decision on performance recommendation on January 22, 2019.

B. On April 4, 2019, the Defendant was served with a notice of the date of pleading electronically, and was present and present at the date of pleading on two occasions after the date of pleading. On July 2, 2019, the Defendant was notified on July 2, 2019 at the second date of pleading ( August 20, 2019).

C. The court of first instance rendered a judgment on August 20, 2019, and sent the original copy of the judgment to the Defendant through electronic mail, etc. registered with the electronic litigation system on August 26, 2019.

Since then, the defendant's failure to confirm within one week, it is considered to have been served on September 3, 2019.

Since the defendant has the effect of serving documents at the time of September 30, 2019 during the appeal period, the termination date of the appeal period is "24:00 on September 16, 2019."

The petition of appeal was submitted on September 17, 2019, which was over B.

2. Whether a subsequent appeal is lawful;

A. A. Although the Defendant’s wife, who has separate arguments, stated that “the original copy of the judgment was sent electronically,” the Defendant did not deliver it to the Defendant.

On September 16, 2019, the defendant filed an appeal to supplement with the knowledge of the fact that the original of the judgment was sent electronically.

Since the defendant failed to observe the period of appeal due to a cause not attributable to him, the appeal for subsequent completion of appeal in this case is lawful.

(b) The appeal shall be filed within two weeks from the date on which the original copy of the judgment of the first instance has been served.

Subsequent completion of procedural acts, including subsequent appeal, can only be done within two weeks from the date on which such cause has ceased to exist, in case where the party was unable to comply with the peremptory period due to any cause not attributable to him.

(Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to the reason why the party could not comply with the period even though the party fulfilled his/her duty of care to conduct procedural acts.

a copy of the complaint, etc.