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. As long as the original copy of the relevant legal doctrine was served by public notice according to the order of the presiding judge, even if it failed to meet the requirements, the service becomes effective, and the above judgment becomes final and conclusive formally with the lapse of the appeal period.

The legitimacy of the appeal to supplement the above judgment should be separately determined by separately determining whether the appeal period is due to a cause for which the appellant is not responsible.

(2) Article 173(1) of the Civil Procedure Act provides that “A party’s failure to perform his/her duties” refers to a party’s failure to perform his/her duties in the process of litigation, despite having fulfilled his/her duty to do so. In cases where documents of litigation cannot be served by means of ordinary means during the process of litigation and served by public notice, a party is obliged to investigate the progress of the lawsuit by public notice. As such, if the party fails to investigate the progress of the lawsuit and fails to observe the peremptory term due to the failure to investigate the progress of the lawsuit, it cannot be deemed that the party’s failure to perform his/her duties is attributable to any cause not attributable to the party. In addition, whether the party was present and present at the date for pleading, whether the party was notified of the date for pleading after the date for pleading, or whether an attorney was appointed, regardless of whether the party was appointed.

(see, e.g., Supreme Court Decisions 97Da50152, Oct. 2, 1998; 2014Da211886, Oct. 30, 2014). Meanwhile, with regard to supplementary service, Article 186(1) of the same Act provides that “if a person who received service is not present at a place other than his/her work place, he/she shall be deemed an office worker, employee, or person living together with mental capability to make reasonable judgment.”