The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Determination on the legitimacy of a subsequent appeal

A. The gist of the Defendant’s assertion was that the Defendant was unable to receive all documents related to the instant lawsuit from the court of first instance, including a duplicate of the complaint, and was unaware of the fact of the instant lawsuit.

The duplicate of the complaint of this case was received by the defendant's father C, and the original copy of the judgment of the court of first instance was received by the son D, but C and D were not living together with the defendant, and did not meet the requirements for supplementary service.

Therefore, since the defendant failed to comply with the peremptory appeal period due to a cause not attributable to the defendant, the appeal of this case is lawful.

B. Determination 1) Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts conducted within two weeks from the date on which such cause ceases to exist.” Here, “reasons not attributable to the party” refers to the grounds for failure to comply with the period despite the party’s exercise of generally required care to conduct such procedural acts, and the party’s assertion and proof as to such grounds must be made on the part of the party who intends to supplement procedural acts. Meanwhile, according to Article 186(1) of the Civil Procedure Act, if the person was not present at the place of service other than his/her place of work, documents may be served as a person living together (see, e.g., Supreme Court Decisions 2012Da44730, Oct. 11, 2012; 2016Da45191, Apr. 25, 2017). 19