1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Basic Facts

The following facts are apparent or apparent to be recorded in this Court:

On October 21, 2014, the Plaintiff filed the instant lawsuit against the Defendant for the payment of the price of goods and the damages for delay thereof with the competent court. On October 22, 2014, the duplicate of the instant complaint was received by employees B from the Defendant’s address as stated in the instant complaint “25 at the expense of the selection of the area in Macheon-si, Si, Gun.”

The defendant submitted a written answer on November 17, 2014.

B. The court of first instance rendered a judgment citing the Plaintiff’s claim on July 23, 2015, following the delivery of a notice of the date for pleading to the Defendant on May 1, 2015, and the notice of the date for pleading on June 11, 2015, which was sent to the Defendant on the said domicile, and concluded the pleading by opening the first date for pleading. On June 17, 2015, the court rendered a judgment citing the Plaintiff’s claim on July 23, 2015.

On August 3, 2015, the court of first instance sent the original copy of the judgment to the address above, but was not served as a director's unknown, and served the original copy by means of service by public notice in accordance with the order of the presiding judge of the first instance court to serve by public notice. On August 18, 2015, the service became effective at the time of August 18, 201

C. On April 8, 2016, the Defendant submitted the instant written appeal to the effect that 14 days have elapsed since the date of arrival of the original copy of the said judgment.

The appeal of this case is lawful since the defendant's submission of the defendant's written response to the argument that the new place of business has not been reported after the defendant's submission of the written response, but the service by public notice was conducted immediately without taking measures such as additional supplementary service, and the defendant's failure to observe the period of appeal is due to a cause not attributable to the party.

Article 173(1) of the Civil Procedure Act provides, “A cause for which a party cannot be held liable” means a cause for which the party could not observe the relevant period even though the party had exercised generally due diligence to conduct litigation.