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. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” as to the legitimacy of an appeal for subsequent completion refers to the reason why the party could not observe the period despite the party’s due care to conduct the procedural acts. However, unlike the case where a lawsuit was initiated by service of the copy of the first complaint through service of public notice, the party is obligated to investigate the progress of the lawsuit in a case where the document of lawsuit is served by service of public notice because it is ordinarily impossible to serve the document in a normal way during the process of the lawsuit 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’s failure to

(1) According to the records, the Defendant, as the representative director of the Co-Defendant Company B, the first instance court, served a copy of the complaint on May 7, 2014 at “Seoul Songpa-gu E and 2 (hereinafter referred to as “the address of this case”) which is the address of the said company’s branch (hereinafter referred to as “Seoul E and 2”) indicated by the Plaintiff as the place of service on the complaint, as the representative director of the said company, on the following grounds: (i) the Defendant served a copy of the complaint on May 7, 2014; (ii) the Defendant served with the copy of the complaint in this case; and (iii) served with the first instance court a written response under his joint signature with the said company; and (iv) served with the Defendant on the date of each of the first instance court’s respective dates of pleading and the date of sentencing with the Defendant at each of the instant addresses; and (v) served the original copy to the Defendant on February 12, 2015 by means of service by publication; and (v) served with the Defendant on February 25, 2015.