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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
Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason why the party could not observe the relevant period even though the party had exercised a general duty to act in the course of litigation. In a case where the documents of lawsuit cannot be served by means of public notice while the lawsuit was in the course of the lawsuit, and served by public notice, the documents of lawsuit cannot be served by ordinary means. As such, the party is obligated to investigate the progress of the lawsuit even if the party fails to investigate the progress of the lawsuit and fails to observe the peremptory period, it cannot be said that the party is attributable to any reason for which the party cannot be held responsible.
Furthermore, the circumstance that there was no negligence in failing to observe the appeal period due to the failure to know the declaration and service of the judgment should be proved by the parties who want to supplement the appeal later.
(See) In the first instance trial proceeding, the Defendant received a notice of the date of pleading on September 7, 2015, the notice of the date of pleading on November 20, 2015, and the notice of the sentencing date on January 22, 2016, and the Defendant’s address was declared on January 29, 2016, and the original copy of the judgment was not served by public notice on February 18, 2016, and the said original copy was served on the Defendant on March 40, 2016, and the fact that the Defendant filed the instant appeal on September 22, 2016, when the original copy of the judgment was served on the Defendant by public notice on February 18, 2016.
In light of the above legal principles, since the defendant was obligated to investigate the progress of the lawsuit to the defendant, and the defendant failed to observe the peremptory period due to the failure to investigate the progress of the lawsuit, it is attributable to the defendant's non-liability.