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, “Where a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts in his/her negligence within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons not attributable to the party” refers to the grounds for not complying with the relevant period, even though the party had exercised general due diligence to do such procedural acts, which would have been unable to comply with. In cases where documents cannot be served in a usual way during the process of the lawsuit by public notice because it was served by public notice due to the impossibility of being served with the documents by public notice, the first delivery of a copy of a complaint to the case where the lawsuit was conducted by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with the peremptory period due to any cause not attributable to him/her, it shall not be deemed that the party is due to any cause not attributable to him/her. In addition, such obligation is borne, regardless of whether the party was present at the date for pleading, and whether he/she

(1) According to the records, the first instance court served a duplicate of the instant complaint on October 2, 1998 (see, e.g., Supreme Court Decisions 97Da50152, Oct. 2, 1998; 2012Da44730, Oct. 11, 2012). On April 14, 2014, the Defendant received a duplicate of the instant complaint at the above address on April 14, 2014, and the Defendant submitted a written reply stating the content of disputing the Plaintiff’s claim to the first instance court on May 12, 2014; and thereafter, on September 1, 2014, the first instance court submitted a written reply that specifically reflects the Plaintiff’s claim on September 1, 2014, including submission of a preparatory document that specifically reflects the Plaintiff’s claim on September 1, 2014.