1. The appeal by the defendant C shall be dismissed;

2. Defendant B’s appeal is dismissed.

3. The costs of appeal shall be borne by the Defendants.

1. Determination on the legitimacy of an appeal filed by Defendant C

A. The relevant legal doctrine shall be lodged within two weeks from the date on which the written judgment was served (main sentence of Article 396(1) of the Civil Procedure Act), and the period is a peremptory term.

(2) Paragraph (2) of the same Article: Provided, That in case where a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.

(Article 173(1) main text of the same Act. Here, the "reasons for which a party cannot be held liable" refers to the reasons why the party could not abide by the time limit despite the party's exercise of generally required care to conduct the procedural acts, and as regards such reasons, the party's assertion and proof must be made on the part of the party seeking to supplement the procedural acts.

(See Supreme Court Decision 2012Da44730 Decided October 11, 2012, etc.). Meanwhile, in principle, the service of documents to be delivered to the person to be served at the domicile, residence, place of business or office of the person to be served (Articles 178(1) and 183(1) of the same Act) may be based on a supplementary service, if the service institution fails to summon the person to serve at the place to serve the documents at the above “place to serve documents” as a clerical staff, employee, or cohabitant (see, e.g., Supreme Court Decision 201Da4730, Oct. 11, 201).

(Article 186(1)(b) of the same Act.

According to the records of facts, the Plaintiff filed the instant lawsuit against the Defendants on May 24, 2016. On May 27, 2016, the first instance court revised the place where Defendant C sent the instant lawsuit documents to Defendant C on the resident registration card of Defendant C, “Yecheon-dong, Nam-gu, 114 Dong 1002, but was not served as the addressee’s unknown address.” ② On June 15, 2016, the Plaintiff revised the place where Defendant C was served to “Yecheon-gu, Nam-gu, Seoul Specialized Senior Citizens’ Center on the fourth floor of the F building,” and the first instance court on June 17, 2016.