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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 the defendant's appeal for the subsequent completion of appeal
A. The defendant's assertion that the defendant did not receive the remaining documents in addition to the copy of the complaint, and that the judgment of the court of first instance was rendered by means of service by public notice, and that the court of first instance became aware of the result of the lawsuit that should be issued at the latest, and thus, the appeal for subsequent completion filed within 14 days thereafter is lawful.
B. Article 173(1) of the Civil Procedure Act of the relevant legal doctrine refers to the grounds why a party is unable to comply with the period even though the party fulfilled his/her duty to act in the course of litigation, and where documents of lawsuit cannot be served by means of service during the process of litigation by public notice and served by public notice, the party is obligated to investigate the progress of the lawsuit from the first delivery of the copy of the complaint to the case where the lawsuit was served by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period due to his/her failure to comply with the investigation into the situation of the lawsuit, it cannot be deemed as a cause not attributable to the party’s failure to act (see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). Furthermore, such obligation is attributable to the party’s failure to comply with the peremptory period, whether the party was present at the date for pleading and pleading, whether the date for pleading was given after the
(See Supreme Court Decision 97Da50152 delivered on October 2, 1998, etc.). C.
Judgment
1. As to the instant case, the Defendant was served on November 9, 2018, a duplicate of the instant complaint, a litigation guide, and a written application for modification of the purport of the claim, etc., the Defendant submitted a written reply and a written report for modification of address to the first instance court on November 9, 2018, and the first instance court on March 2, 2019 to the Defendant.