1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

We examine the legitimacy of the appeal of this case before the proposal.

1. According to the records of recognition, the process of the first instance trial is as follows.

On April 15, 2016, the Plaintiff filed the instant lawsuit against the Defendant. On April 15, 2016, the court of first instance served a copy of the complaint as “Yansan-siJ”, the Defendant’s domicile, and received it on April 27, 2016.

B. As the Defendant did not submit a written reply even after receiving a duplicate of the complaint, the court of first instance served a notice of the ruling date for a non-litigation to the same place as above, but did not serve the notice on the addressee due

Accordingly, the court of first instance rendered a judgment on July 22, 2016 after serving it by sending or delivering it.

C. When the original copy of the judgment was impossible to be served due to the addressee’s unknown cause, the court of first instance served it on the Defendant by public notice, and on August 24, 2016, the service by public notice became effective.

The defendant submitted the written appeal of this case on December 13, 2016 after 14 days from the date of service of the original copy of the above judgment.

2. Determination

A. The appeal shall be filed within two weeks from the day on which the written judgment is served (main sentence of Article 396(1) of the Civil Procedure Act), and the period is a peremptory term.

(2) Paragraph (2) of the same Article: Provided, That in case where a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.

(Article 173(1) main text of the same Act. Here, the "reasons for which a party cannot be held liable" refers to the reasons why the party could not abide by the period despite the party's due diligence for conducting the procedural acts. In case where the documents of lawsuit cannot be served by means of ordinary means during the process of the lawsuit and served by service by public notice, the first copy of the complaint was served through service by public notice.