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. Determination on the legality of the subsequent appeal

A. The Plaintiff’s assertion asserts that the Defendant’s subsequent appeal is unlawful.

B. Subsequent completion of procedural acts stipulated in Article 173(1) of the Civil Procedure Act refers only to a case where a party is unable to comply with the peremptory term due to a cause not attributable to him/her, and "reasons not attributable to him/her" refers to a case where the party cannot comply with the relevant period despite the party's due care to conduct such procedural acts, even though he/she exercised generally duty to do so (see, e.g., Supreme Court Decision 2009Da44679, Sept. 24, 2009). Meanwhile, unless the original copy of the judgment of the first instance was delivered lawfully, the appeal period against the judgment does not run as long as the period of appeal is not run. Therefore, the issue of subsequent completion of procedural acts does not arise, and the appeal against the judgment is lawful as it was filed before the service of the original copy of the judgment

(see, e.g., Supreme Court Decision 97Da10345, May 30, 1997). According to Articles 183(1) and 186(1) of the Civil Procedure Act, documents may be served by delivering documents to employees, employees, or a person living together with intelligence to make reasonable judgment, when the person to be served is at the domicile, temporary domicile, temporary domicile, or business office of the person to be served, and when the person to be served was not present at the place of service other than the place of service.

A clerical staff member who can be a recipient agency is not necessarily required to have an employment relationship with the recipient of the service, and is sufficient to assist the work, etc. on behalf of the recipient.

(See Supreme Court Decision 2010Da48455 Decided October 14, 2010, etc.). However, in principle, service ought to be made at the place of service, such as the address, residence, place of business, office, or place of work, of a person receiving a service as prescribed in Article 183 of the Civil Procedure Act, and at the place of service.