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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. Determination on the legitimacy of a subsequent appeal
A. According to the records of recognition, the following facts are recognized:
1) On April 8, 2019, the Plaintiff filed the instant lawsuit against the Defendant. On April 18, 2019, the first instance court attempted to serve a duplicate, etc. of the complaint on the Defendant’s domicile on April 18, 2019. On April 23, 2019, I received the above duplicate, etc. at the Defendant’s domicile on April 23, 2019. Then, the first instance court issued to the Defendant a written application for change of the purport of the claim and the cause of the claim, and the notice of the pronouncement date of a non-litigation pleading, and was not served as a closed text absence. The first instance court served each of the above documents on the Defendant by means of delivery.
3) On July 4, 2019, the first instance court sentenced the judgment of the first instance court on July 4, 2019, and served the Defendant by mail as to the original copy of the judgment of the first instance, but was not served as a closed door, and the first instance court served the Defendant with an original copy of the judgment of the first instance as a method of service by public notice, and on August 2, 2019, the service by public notice became effective. 4) On August 22, 2019, the Defendant submitted the instant written appeal to the first instance court.
B. According to Article 173(1) of the Civil Procedure Act, where a party is unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may subsequently complete the procedural acts within two weeks from the date on which such cause ceases to exist. The phrase "reasons not attributable to the party" under the above provision refers to a cause for which the party is unable to comply with the period even though he/she has exercised a general duty to do so for conducting the procedural acts. The case where a document of lawsuit is served by public notice due to the impossibility of being served by means of ordinary means during the Do in which the copy, etc. was served lawfully and the lawsuit was served by public notice from the date on which the copy, etc. was served by public notice.