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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1.The following facts are, in fact, apparent in the records or significant to this Court:
On March 28, 2017, the Plaintiff filed the instant lawsuit against the Defendant with the instant court. The first instance court was “S Ra, S Gyeong-gun, S Gyeong-gun, S Gyeong-gun, S Gyeong-nam,” the Defendant’s domicile on the Defendant’s resident registration.”
On June 14, 2017, the defendant's mother S was served with the drug list, and the defendant's mother S received it at the domicile above.
B. The first instance court served a written notice on the Defendant, but was not served as a director’s unknown, and the first instance court served the said document and deemed it to be served.
C. On January 15, 2018, the first instance court rendered a judgment citing the Plaintiff’s claim against the Defendant, and served the original of the judgment to the Defendant, but did not serve the original of the judgment as a director’s unknown, and served the original of the judgment by public notice on January 30, 2018, and became effective as the service.
On April 23, 2018, the defendant submitted a written appeal for the subsequent completion to the first instance court.
2. Determination on the legitimacy of a subsequent appeal
A. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to the reason why the party could not observe the period even though he/she had exercised general duty to do the procedural acts. In a case where documents of lawsuit cannot be served by means of ordinary means during the process of the lawsuit and served by public notice, the documents of lawsuit cannot be served by public notice, and the case where the lawsuit was served by public notice, the first written complaint was served by public notice from the first written complaint to 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 investigate the progress of the lawsuit and fails
Supreme Court Decision 2004Da16082 Decided July 22, 2004, Supreme Court Decision 2006Da3844 Decided March 10, 2006, etc.