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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. Determination on the legitimacy of a subsequent appeal
A. According to the record of the instant case, the Plaintiff filed the instant lawsuit against the Defendant on March 8, 2018, and the first instance court is “Incheon-gu C” and a duplicate of the written complaint, a written guidance for litigation, and a written reply.
The defendant sent a summary slip and received it directly at the address on March 15, 2018, and the defendant submitted a written answer to the first instance court on May 14, 2018, and the first instance court rendered a judgment accepting the plaintiff's claim on September 19, 2018 after the date for pleading was followed, and the original copy of the judgment was sent to the defendant on October 18, 2018 but was sent to the defendant on October 18, 2018 but was not served due to the absence of closure, and the above original copy of the judgment became effective as service on November 2, 2018, and the defendant submitted the written appeal of this case to the first instance court on September 24, 2019 when the period for appeal was expired.
B. (1) According to Article 173(1) of the Civil Procedure Act, in a case where a party was unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may subsequently complete the procedural acts within two weeks from the date on which such cause ceases to exist. The term “reasons for which the party cannot be held liable” under the said Article refers to the grounds for failure to comply with the period despite the party’s exercise of generally required care to conduct the procedural acts. In a case where a document of lawsuit is unable to be served in a usual way while the lawsuit was being lawfully served, and the document of lawsuit is served in a service by public notice, due to a cause not attributable to the party’s failure to investigate the progress of the lawsuit, the said party is obligated to investigate the progress of the lawsuit from the date of service by public notice. Thus, if the party failed to comply with the peremptory period due to a cause not attributable to him/her.