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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
purport.
Reasons
1. Determination on the legitimacy of a subsequent appeal
A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to the reason why the party could not observe the period even though he/she had exercised general duty to act in the course of litigation. In cases where documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the party is obliged to investigate the progress of the lawsuit from the beginning, different from 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 abide by the peremptory period, it cannot be said that the party is due to any reason for which the party cannot be held responsible.
(see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). B.
According to the records, ① the first instance court served a copy of the complaint and the guide of lawsuit as “Scheon-si G,” which is the defendant’s domicile, on May 11, 2015, and the defendant served the above address on the defendant on July 24, 2015, ② the first instance court served the original copy of the judgment to the defendant on the above address on July 24, 2015, but the service of the original copy of the judgment was not possible due to the absence of closure, the original copy of the judgment with respect to the defendant was served on August 7, 2015 by means of service and served on August 22, 2015, and ③ the defendant submitted the written appeal of this case to the first instance court on October 29, 2015.
C. According to the above facts, the defendant received a copy, etc. of the complaint of this case lawfully and was aware of the fact that the litigation of this case was pending in the court of first instance, and thus the defendant should inquire about the progress of the lawsuit and its result, etc. by asking the court of first instance, and thus, the original copy of the judgment was made by service by public notice, and eventually, the defendant was made by service by public notice.