1. The appeal of this case shall be dismissed.

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

Purport of claim and appeal

The first instance court.

1. Ex officio determination on the legitimacy of a subsequent appeal

A. The following facts are apparent in the record or obvious to this court. (1) The court of first instance rendered a ruling on January 9, 2018, and the court of first instance rendered a notice of the date of pronouncement as at the date of the fourth pleading, as at the date of pleading, on September 19, 2017, on the third day of pleading, on November 14, 2017, and on the fourth day of pleading, on December 12, 2017; and (2) the court of first instance rendered a ruling as at January 9, 2018; and (1) the Plaintiff was unable to serve the original copy of the judgment due to the Plaintiff’s unknown address; and (2) the original copy of the judgment was served by public notice; and (3) the original copy of the judgment was served by public notice.

8. On February 28, 2018, the Plaintiff submitted the instant written appeal for subsequent completion on February 28, 2018. (2) The term “reasons for which a party is not liable” under Article 173(1) of the Civil Procedure Act refers to the grounds for which the party could not comply with the period despite having been generally required to perform procedural acts. In a case where documents of lawsuit cannot be served in a usual way during the process of litigation by public notice, and where documents of lawsuit are served in a way of service by public notice, it is different from the case where the first copy of the written appeal was served by public notice from the case where the lawsuit was served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to comply with the peremptory period due to an investigation into the progress of the lawsuit, it cannot be said that the party is attributable to any cause not attributable to the party (see, e.g., Supreme Court Decision 2012Da4730, Oct. 11, 2

In light of the above legal principles, the Plaintiff filed the instant lawsuit by himself/herself and was present at the date of pleading and notified by the date of pronouncement of judgment. Therefore, even though the Plaintiff was obligated to investigate the progress of the instant lawsuit, it did not confirm the progress of the lawsuit, such as adjudication and delivery, etc. Therefore, the period of appeal cannot be observed due to any cause not attributable to the Plaintiff.