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 the appeal is lawful after subsequent completion (ex officio judgment);

A. The main text of Article 173(1) of the Civil Procedure Act provides that “If 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 neglected within two weeks from the date on which such cause ceases to exist.”

"Grounds for which a party cannot be held liable" under the above provision refers to the grounds for failure to comply with the period despite the party's due care to conduct the litigation, and where documents of the lawsuit cannot be served by public notice because the copy, etc. of the complaint was served lawfully and the lawsuit was served by public notice during the course of the lawsuit, the document of the lawsuit cannot be served 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 the failure to investigate the progress of the lawsuit, it shall not be deemed that the party's failure to comply with the peremptory period is attributable to any cause not attributable to the party, and such obligation shall be borne, regardless of whether the party was present and present at the date for pleading, whether the party was notified of the date for pleading after the date for pleading, or whether the attorney was appointed, as of the date for pleading, whether

(Supreme Court Decision 2014Da211886 Decided October 30, 2014, and Supreme Court Decision 2012Da44730 Decided October 11, 2012, etc.) (b).

Facts of recognition

1) The first instance court served a duplicate of the complaint as “C in the original city,” which was the place of business of the original industry that the Defendant had been the representative at the time, and D, who was working at the said place of business as the Defendant’s fraternity, received it. 2) The first instance court sent the notice of the sentencing date to the above address on April 27, 2015, which the Defendant did not submit a written response, but is not served on the grounds of the absence of closure.