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. The Plaintiff’s assertion 1) On September 26, 2014, N, a cohabitant of the Defendant’s assertion, received a duplicate of the instant complaint and a written guidance of lawsuit at the Defendant’s domicile, and the service was lawful as a supplementary service pursuant to Article 186(1) of the Civil Procedure Act. Since the Defendant’s failure to verify the progress of lawsuit and served the original copy of the judgment of the first instance court on the Defendant by means of service by public notice, it cannot be deemed that the Defendant’s failure to observe the filing period is due to a cause not attributable to the Defendant. Therefore, the Defendant’s written notice of postal service for the Defendant’s assertion that “the Defendant’s spouse received the duplicate of the complaint, etc. as a live person,” but the Defendant’s receipt column is signed “N” rather than “the Defendant’s spouse’s title”.

In addition, C, the spouse of the defendant, was accused of fraud from the plaintiff, and did not live together with the defendant in the status of leaving the defendant's domicile on April 2014.

Even if the above C received a duplicate of the above complaint as a cohabitant, even if it was found that he had been living together with Defendant D’s clothes, C did not notify the Defendant of the fact that the lawsuit was brought, and thus, the Defendant did not know at all of the fact that the lawsuit was brought.

Therefore, since the defendant did not know of the fact that the court of first instance was sentenced to the defendant due to a cause not attributable to the defendant, the defendant's appeal to correct the appeal is legitimate.

B. According to Article 186(1) of the Civil Procedure Act of this Court’s judgment 1-related legal principles, when a person to receive service other than work place is not present at the place of service, documents may be served as a person living together with the mental capacity to make reasonable judgment, by delivering documents to the person with mental capacity to make reasonable judgment. Here, a person living together with the person who is to receive service