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. The following facts are apparent in the record or significant in this court:

1) On July 13, 2016, the Plaintiff filed the instant lawsuit seeking the payment of the assignee fee against the Defendant. The first instance court served the duplicate, etc. of the instant complaint as “Yju-si B,” which is the Defendant’s resident registration recorded in the instant complaint, and the Defendant’s wife received it as the Defendant’s live-in partner on July 26, 2016. (2) As the Defendant did not submit a written reply within 30 days from the date of delivery of the duplicate of the instant complaint, the first instance court served the notice of the sentencing date as the Defendant’s domicile, and received it as the Defendant’s live-in partner on August 25, 2016.

3) On September 27, 2016, the first instance court sentenced the judgment of the first instance that accepted the Plaintiff’s claim as non-litigation, and served the original copy of the judgment of the first instance as the Defendant’s domicile, and received it on September 30, 2016 by the said C. (4) The Defendant filed an appeal for the instant subsequent completion on October 27, 2017.

B. Article 173(1) of the Civil Procedure Act provides that “If a party is unable to comply with the peremptory term due to any cause not attributable to him/her, he/she may supplement the procedural acts being negligent within two weeks from the date such cause ceases to exist.” Here, “reasons not attributable to a party” refers to the reasons why the party could not comply with the period even though he/she had paid general attention to conduct such procedural acts, even though he/she had to do so.

According to Article 186(1) of the Civil Procedure Act, if a person to be served is not present at a place where service is to be made other than his/her work place, the document may be served as a person living together with the mental capacity to make reasonable judgment. Here, the “place to be served” refers to the resident registration of the person to be served.