1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

1. Article 173(1) of the Civil Procedure Act provides that "Where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty of care within two weeks from the date such cause ceases to exist." Here, "reasons not attributable to the party" means the reason why the party was unable to comply with the period, even though the party fulfilled his/her duty of care generally required for conducting the litigation.

However, in a case where the original judgment was served on the Defendant by public notice, barring any special circumstance, the Defendant shall be deemed to have failed to know the service of the judgment without fault. If the Defendant was sentenced from the beginning without knowing the continuation of a lawsuit and the Defendant became aware of such fact only after the original judgment was served to the Defendant by public notice, barring any special circumstance, it shall be deemed that the Defendant’s failure to observe the peremptory period for filing an appeal due to any cause not attributable to the Defendant.

(1) The court of first instance rendered a judgment accepting the Plaintiff’s claim on July 17, 2019, and served the Defendant by public notice on July 20, 2019, when comprehensively taking account of the records and the purport of the entire pleadings in this case. In full view of the records and the purport of the pleading, the court of first instance rendered a judgment accepting the Plaintiff’s claim on July 17, 2019, and served the Defendant by serving a certified copy of the first instance judgment on August 22, 2019, and became aware of the fact that the Defendant received the certified copy of the first instance judgment and received the certified copy of the said judgment, and thereby filed an appeal for the subsequent completion of the lawsuit on September 4, 2019, within two weeks thereafter.

In light of the above legal principles, the defendant's failure to observe the peremptory term of filing an appeal can be held liable for the failure of the defendant.