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 subsequent appeal of this case is lawful

(a)The following facts of recognition are apparent in, or obvious to, the record:

1) Around that time, the Defendant served a duplicate of the instant complaint at the Defendant’s domicile as a person living together with the Defendant. At that time, the Defendant did not take any action against the Defendant, even though he had been able to deliver the notice of the sentencing date to the Defendant’s domicile. (2) The court of first instance served the notice of the sentencing date on October 15, 2015, when it was impossible to serve the notice due to the absence of a closed text, and served the notice by means of delivery on October 15, 2015. On October 23, 2015, the designated sentencing date, the Defendant rendered a favorable judgment in favor of the Plaintiff.

3) On October 29, 2015, the F served the original copy of the judgment at the address above, and the Defendant submitted a written appeal for subsequent completion on April 11, 2016, which had the period of appeal by two weeks thereafter. (B) The term “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the grounds for failure to comply with the period, despite the party’s exercise of generally required care to conduct the said procedural acts. If a person fails to be present at the place of service other than the working place, the document may be served by delivering the document to the person with intelligence to make reasonable judgment (Article 186(1)1 of the Civil Procedure Act). The delivery of the copy and the original copy of the judgment to F by the court of first instance against the Defendant is valid as a lawful service against the Defendant.

Therefore, the Defendant’s appeal for the subsequent completion of the appeal in this case is unlawful because it does not constitute “where the Defendant was unable to observe the period of appeal due to any cause not attributable to him.”

2. In conclusion, the defendant's appeal for the subsequent completion of the appeal of this case is unlawful since it was filed after the appeal period has expired, and it is so decided as per Disposition by the decision to dismiss the defendant's appeal.