1. The defendant's appeal is 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 “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts by neglecting it within two weeks from the date such cause ceases to exist.”

"Grounds for which a party cannot be held liable" under the above provision refers to the grounds for failure to comply with the period, even though the party fulfilled generally required care for conducting the litigation. In a case where the documents of lawsuit cannot be served in a usual way during the course of the litigation and served by public notice, the documents of lawsuit cannot be served by public notice, the first delivery of the copy of the complaint to the case where the lawsuit was proceeded by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, it cannot be deemed that the party is attributable to a cause not attributable

(2) The court of first instance served a copy, etc. of a complaint on October 11, 2012. According to the records, the court of first instance, as Seoul Special Metropolitan City, Nowon-gu, 203 Dong 903, which is the defendant’s domicile, and directly received it on January 14, 2014. ② The defendant was present at the first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s second instance court’s first instance court’s second instance court’s date of pleading, and designated the date of pronouncement as June 19, 2014, and then declared a judgment by opening the date of pronouncement on the said designated date. The defendant was absent on the said date of pronouncement. ③ The court of first instance served the defendant on June 23, 2014, but was not able to serve the original copy on the defendant on the date of pronouncement, but on the absence of documents, served the original copy by public notice on July 3, 2014.