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. Unless there are special circumstances, such as that the service of the original copy of the judgment in the first instance is null and void, the appellant shall file an appeal within two weeks from the date on which the original copy of the judgment was served, as a peremptory term (Article 396 of the Civil Procedure Act). If the parties are unable to comply with the peremptory term due to any cause not attributable to them, the procedural acts in neglect may be supplemented within two weeks from the date on which the said cause ceases to exist (Article 173(1)2 of the Civil Procedure Act). The circumstance that there was no negligence in failing to observe the period of appeal due to the failure to know the pronouncement and service of the judgment (Article 173(

(1) Article 173(1) of the Civil Procedure Act provides that “A party’s failure to perform his/her duties is not attributable to the party” (see, e.g., Supreme Court Decision 2012Da44730, Oct. 11, 2012). Meanwhile, “reasons for which it is impossible for the party to perform litigation” under Article 173(1) of the same Act refers to the grounds for not being able to observe the period, notwithstanding the party’s due care to perform litigation. In cases where documents of litigation cannot be served by means of ordinary means during the process of litigation and served by public notice, the first instance case where the documents of lawsuit cannot be served by public notice is different from the case where the party was served by public notice from the date of delivery of the copy of the complaint by public notice, and thus, if the party fails to investigate the progress of such lawsuit, thereby failing to comply with the peremptory period, it cannot be deemed that the party is liable for any cause not attributable

(see, e.g., Supreme Court Decision 2014Da211886, Oct. 30, 2014). B.

Facts of recognition

The following facts shall be apparent in the records: