1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination on the legitimacy of a subsequent appeal

A. According to the records of recognition, the following facts are recognized:

1) On March 29, 2018, the Plaintiff filed the instant lawsuit against the Defendant. On April 2, 2018, the first instance court attempted to serve a duplicate, etc. of the complaint on the Defendant’s domicile. On April 2, 2018, C, the Defendant’s spouse, received the service of a duplicate, etc. of the complaint at the Defendant’s domicile on April 4, 2018. 2) After that, the first instance court served the Defendant with respect to each of the date for pleading, documents submitted by the Plaintiff, evidentiary documents, and notice of the sentencing date, etc., and was not served as a closed door absence. The first instance court served each of the above documents on the Defendant by means of delivery, and the Defendant did not appear on the date for each of the first instance courts.

3) On February 14, 2019, the first instance court sentenced the judgment of the first instance on February 14, 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 by means of service, and on March 12, 2019, the service by public notice became effective. 5) On May 9, 2019, the Defendant submitted the instant written appeal to the first instance court.

B. According to Article 173(1) of the Civil Procedure Act, in a case 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 term "reasons for which the party cannot be held liable" stipulated in the above provision refers to the grounds for which the party could not comply with the period even though he/she had exercised a general duty to do so for conducting the procedural acts. The case where a document of lawsuit cannot be served by means of ordinary means during the course of litigation, in which the duplicate of the complaint, etc. was served lawfully and the lawsuit was pending.