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. The parties' assertion

A. The plaintiff's assertion was known that the defendant did not file an appeal within the appeal period because he did not confirm the progress and result of the lawsuit even though he was aware that the lawsuit of this case was filed. The appeal of this case is unlawful.

B. The defendant's assertion did not receive a service of a duplicate, etc. of the complaint, and did not assault the plaintiff.

2. Determination on the legitimacy of a subsequent appeal

A. The following facts are apparent in the record or significant in this court:

1) On August 28, 2018, the Plaintiff filed the instant lawsuit against the Defendant, and the first instance court served the Defendant with a decision on performance recommendation. (2) The Defendant served with a notice of performance recommendation on October 4, 2018, and submitted an objection against the decision on performance recommendation on October 8, 2018, and submitted a written reply and a written application to the first instance court on October 11, 2018.

3) On October 29, 2018, the first instance court rendered a judgment of the first instance court that accepted the Plaintiff’s claim on November 10, 2019 after the Defendant was absent, and the first instance court rendered a judgment that accepted the Plaintiff’s claim on November 10, 2019, when the notice of the date for pleading was served to the Defendant on October 29, 2018 and the date for pleading was served on November 5, 2018, but was not served as the director’s unknown.

The first instance court served the original copy of the judgment on January 17, 2019 and served it on February 1, 2019, as the original copy of the judgment was not served on the defendant's domicile but on the director's unknown.

5 The defendant submitted a written appeal for the subsequent completion of the appeal on April 5, 2019, after the expiration of the appeal period.

B. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to the reason why the party could not comply with the period despite the party’s exercise of generally required care to conduct procedural acts, and is ordinarily in the course of a lawsuit.