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. Whether a subsequent appeal is lawful;

A. According to Article 186(1) of the Civil Procedure Act, when a person to receive service is not present at a place other than a work place, documents may be served by delivering documents to a person with mental capacity to distinguish him/her from his/her work place. Here, “place to be served” refers to a person who is actually the same household as the person to receive service, not to be confined to his/her resident registration address, and “a person who lives with the same household as the person to receive service” is only the person who actually belongs to the same household. Thus, the circumstance that there was no negligence in failing to observe the period of appeal due to the failure to know the declaration and service of judgment shall be asserted by the party who intends to complete the appeal

(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). B.

Judgment

① The Plaintiff filed the instant lawsuit against the Defendant on June 24, 2016; ② the court of first instance served a duplicate, etc. of the written complaint on the Defendant’s resident registration domicile (hereinafter “Gumisi Do”); (3) the court of first instance, where the Defendant served a duplicate, etc. of the written complaint on July 4, 2016 at the Defendant’s domicile; and (4) the Defendant did not submit a written answer to the court of first instance but did not bring the written notice to the Defendant’s domicile; (4) the court of first instance issued the written notice on the date of sentencing on August 27, 2016; (5) the court of first instance served the Defendant with the original written judgment on August 18, 2016; and (6) the Defendant received it on the same month on the 24th day of the same month; and (3) the fact that the Defendant did not bring a dispute between the parties or raised the instant appeal on April 10, 2017.

According to the above facts, the duplicate, etc. of the complaint shall be from the defendant's resident registration place D.