1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Determination on the legitimacy of a subsequent appeal

A. Article 173(1) of the Civil Procedure Act provides, “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 of care within two weeks from the date on which such cause ceases to exist.” In this context, “reasons for which the party cannot be held liable” means the reasons why the party was unable to observe the period, even though he/she had performed the duty of care generally to conduct the litigation.

However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant.

(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). B.

According to the records of this case, the court of first instance served documents, such as a duplicate of the complaint of this case, as Seoul Yeongdeungpo-gu, and received the above litigation documents on March 9, 2018 by D, his father, the defendant, who was his father, on March 9, 2018. However, although the defendant had been married with E and had resided in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government F before the above litigation documents were served after moving his domicile, the above lawsuit documents were not delivered to the defendant. The court of first instance did not deliver the above lawsuit documents to the defendant. The court of first instance served the documents such as the notice of the date of pleading after the date of pleading to Seoul Yeongdeungpo-gu Seoul, but the documents of lawsuit such as the notice of the date of pleading were sent to the defendant and the delivery was impossible due to the absence of a closed text.