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. Facts of recognition;

A. On November 22, 2012, the Plaintiff filed the instant lawsuit against the Defendant. Accordingly, the decision of performance recommendation was served on March 11, 2013, and the Defendant’s objection was submitted to the pleadings procedure.

B. After that, the Defendant appeared on the date of mediation, May 8, 2013, and (2) was present on the date of the first pleading ( June 13, 2013) notified on the date of mediation, and (3) was absent on the date of the second pleading ( July 18, 2013), but (4) was served on July 24, 2013, and again appeared on the date of the third pleading ( August 29, 2013).

On September 26, 2013, the court of first instance concluded the pleading on the third date for pleading, and notified the defendant of the adjudication date ( September 26, 2013).

C. On October 1, 2013, the court of first instance rendered a judgment in favor of the Plaintiff on the date of declaration notified ( September 26, 2013), and ordered the Defendant to serve the original of the judgment on October 16, 2013, which was not served due to the absence of closure, by public notice. On the same day ( October 16, 2013), the said original of the judgment served by public notice was deemed to have been served on the Defendant at the time of October 31, 2013.

On October 17, 2014, the defendant submitted a subsequent petition of appeal to the court of first instance to the court of first instance.

[Judgment of the court]

2. Whether the defendant's subsequent appeal is lawful

A. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to a reason why the party could not observe the period even though the party had exercised generally due diligence for conducting procedural acts. In a case where the documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the documents of lawsuit cannot be served by public notice, the party is obligated to investigate the progress of the lawsuit, even if the first delivery of the copy of the complaint to the case where the lawsuit was proceeded by public notice from the delivery of the copy