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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 as to the legitimacy of the subsequent appeal of this case
A. On December 10, 2013, a duplicate of the complaint of this case was lawfully served on the Defendant’s address “Seoul, 607 Dong 1203” and received it directly by the Defendant, and the Defendant did not submit a written reply within 30 days therefrom, the court of first instance designated February 14, 2014 as the date for rendering a judgment without pleading, and served the Defendant a notice of the sentencing date to the above address on January 21, 2014. When the above notice was not served due to the absence of closure, the court of first instance served the notice on the designated date after sending the notice of sentencing date on February 10, 2014, and served the Defendant on the designated date for delivery. When the original copy of the judgment of first instance sent to the Defendant was impossible to serve the original copy of the judgment by public notice on February 28, 2014, the court of first instance submitted the original copy of the judgment by public notice on February 28, 2014.
B. Article 173(1) of the Civil Procedure Act provides that “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting his/her duty within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons for which the party cannot be held liable” refers to the grounds for failure to comply with the period despite the party’s general duty to do so for the pertinent litigation. In cases where documents of litigation cannot be served by means of ordinary means during the process of litigation and served by service by public notice are ordinarily impossible, the first delivery of a copy of the complaint to the case where the lawsuit was first proceeded by public notice, and thus, the party is obliged to investigate the progress of the lawsuit, thereby failing to comply with the peremptory period.