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 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 a reason for failure to comply with the period despite the party’s exercise of general duty to act in the course of litigation. In a case where the documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the documents of lawsuit cannot be served by means of public notice, from the beginning, is different from the case where the lawsuit was served by public notice, and thus, the party is obliged to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period, it shall not

B. According to the records, the court of first instance served a duplicate of the complaint with the Defendant’s address “Seoul-si, Nowon-gu, Seoul-gu, and third floor,” which is the Defendant’s address entered in the complaint. However, the court of first instance ordered the Plaintiff to correct the Defendant’s address on the Defendant’s resident registration; the Plaintiff corrected the Defendant’s address to “Cheongju-si, Cheongju-si, Cheongju-si, Da, 303 (hereinafter “instant address”); the court of first instance served a duplicate of the complaint to the instant address; the Defendant received a duplicate of the complaint directly from the instant address on October 1, 2014; however, the date of pleading and the date of pronouncement delivered to the instant address thereafter became impossible to serve the Defendant with the notice on the date of pleading and the date of pronouncement as the instant address; the court of first instance served the notice on January 19, 2015 and the notice on the date of pronouncement as the Defendant’s address on January 19, 2015, and served the original copy to the Defendant.