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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
1..
Reasons
1. Determination on the legitimacy of a subsequent appeal
A. According to the records of this case, the Plaintiff filed the instant lawsuit against the Defendant on October 10, 2017 with the Seoul Central District Court. The Seoul Central District Court, at the time, filed the instant lawsuit against the Defendant, and the Seoul Central District Court, with the Defendant’s domicile, a duplicate of the complaint, a statement of litigation guidance, and a written reply.
The summary table was sent. On November 15, 2017, the defendant sent a copy, etc. of the complaint directly at the above domicile; ② The first instance court, which received the lawsuit of this case from the Seoul Central District Court, sent a notice of the sentencing date to the above domicile on April 4, 2018, but sent it on April 16, 2018 and sent it on April 16, 2018. ③ The first instance court, which accepted the plaintiff’s claim on May 3, 2018, sent the original copy to the defendant on May 21, 2018, but sent it to the defendant by public notice; ④ the above original copy of the judgment was sent to the defendant on April 5, 2018, and the fact that the defendant submitted it on June 5, 2018 and the period for appeal was recognized as having come into effect on April 16, 2018.
B. According to Article 173(1) of the Civil Procedure Act, where a party is unable to comply with the peremptory period due to a cause not attributable to him/her, the subsequent completion of procedural acts may be made within two weeks from the date on which such cause ceases to exist. The term “reasons for which the party cannot be held liable” under the said Article refers to the grounds for failure to comply with the relevant period even though the party had exercised generally due diligence to do such procedural acts. However, in cases where a document of lawsuit is served by means of public notice while the lawsuit was being duly served and the copy, etc. of the written complaint cannot be served by means of ordinary means while the lawsuit was pending, service of the copy of the written complaint by public notice shall begin with the date of service by public notice.