The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Determination on the legitimacy of a subsequent appeal

A. The following facts are recognized by this Court or by the purport of the entire pleadings:

1) On October 19, 2010, the Plaintiff filed the instant lawsuit against the Defendant. 2) On March 17, 2011, the Defendant was directly served with the copy of the instant complaint in Gangnam-gu Seoul Metropolitan Government Carryover D.

3) The Defendant did not submit a written reply within 30 days from the date of receiving the duplicate of the instant complaint. On April 28, 2011, the court of first instance sent a notice of the ruling date to the Defendant in order to declare a judgment without holding any pleadings pursuant to Article 257(1) of the Civil Procedure Act, which was sent to the Defendant’s domicile, but was not served with the director’s unknown address. On May 11, 2011, the court of first instance rendered a judgment accepting the Plaintiff’s claim on May 27, 2011, after serving the notice by sending the notice by the means of dispatch. 4) On June 8, 2011, the court of first instance sent the original copy of the judgment to the Defendant on June 21, 2011, but did not serve with the director’s unknown address, and served with the original copy of the judgment by service by publication on July 6, 2011.

5 The defendant submitted a written appeal to the court of first instance on March 4, 2020 where the period for appeal was expired.

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" stipulated in the above provision refers to the grounds for failure to comply with the period despite the party's due care to conduct the procedural acts, and where the document of lawsuit cannot be served by means of public notice due to a cause not attributable to him/her, while the document of lawsuit is being served by means of ordinary means, while the document of lawsuit is being served by lawful delivery of the copy, etc., the copy of the complaint first.