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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. Judgment on the legitimacy of the subsequent appeal
A. Article 173(1) of the Civil Procedure Act provides, “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date such cause ceases to exist.”
In this context, “reasons for which a party cannot be held liable” refers to reasons why the party could not observe the period even though he/she had exercised a general duty to act in the course of litigation. In cases where documents of lawsuit cannot be served by means of service by public notice due to ordinary means during the process of litigation, and served by public notice, the party is obligated to investigate the progress of the lawsuit by public notice different from the case where the documents of lawsuit were served by public notice from the service of the copy of the complaint to the case where the documents of lawsuit were served by public notice. Thus, if the party fails to investigate the progress of the lawsuit and fails to comply with
(See Supreme Court Decision 2012Da44730 Decided October 11, 2012, etc.) Meanwhile, Article 186(1) of the Civil Procedure Act provides, “If a person to be served is not present at a place to be served other than his/her work place, documents may be delivered to such person as his/her clerk, employee, or cohabitant with an intelligence to make a reasonable judgment.”
The term “person living together” under this Article refers to a person living together with the same household as the person to be served (see, e.g., Supreme Court Order 2000Ma5732, Oct. 28, 2000). In such a case, the validity of service is derived from the delivery of a document to his/her office worker, employee, or cohabitant at the place to be served, who is man of sense; and it does not result from the delivery of the document to the person to be served.
Supreme Court Order 201 Dated January 14, 208