1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Determination on the legitimacy of a subsequent appeal

A. The main text of 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 neglected within two weeks from the date on which such cause ceases to exist." The term "reasons for which the party cannot be held liable" refers to the reasons why the party could not comply with the period even though he/she had exercised general care to do the procedural acts, even though he/she had exercised general care to do so.

Meanwhile, the main text of Article 183(1) of the Civil Procedure Act provides that the person to be served shall be the address, etc. of the person to be served. According to Article 186(1) of the same Act, if the person to be served was not present at a place other than his/her place of service, a document may be served by delivering the document to the person with intelligence to make a reasonable judgment. Here, “place of service” is not necessarily limited to the person’s resident registration. “a person to be served” also refers to a person who actually belongs to the same household as the person to be served and lives together with the same household as the person to be served. The fact that there was no negligence in failing to observe the period of appeal due to the failure to know the sentence and service of the judgment, shall be asserted by the party to the subsequent

(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). B.

Facts of recognition

1) On March 9, 2016, the Plaintiff filed the instant lawsuit claiming reimbursement against A Co., Ltd. and the deceased E as a co-defendant. 2) Since then, it was revealed that the deceased died before the instant lawsuit was filed, the Plaintiff, on April 28, 2016, filed an application for the correction of the indication of the party between the deceased’s spouse B and the deceased’s children, who were the deceased’s inheritors, and the deceased’s children, and the Defendant’s children, who were the deceased’s inheritors, for correction of the indication of the party between Defendant C and D, and the Defendants.