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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Unless there are special circumstances, such as that the service of the original copy of the judgment of the court of first instance is invalid, the appellant of the legal principles related to the legality of the subsequent appeal shall file an appeal within two weeks from the date on which the original copy of the judgment
(Article 396 of the Civil Procedure Act). If a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist.
(1) Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party is not liable” under Article 173(1) of the Civil Procedure Act refers to a reason for which the party is unable to comply with the period despite the party’s due care to conduct litigation, and where documents of lawsuit cannot be served by means of service through ordinary means during the process of litigation and served by public notice, the case where the documents of lawsuit cannot be served by means of service during the process of litigation is served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to investigate the progress of such lawsuit and fails to abide by the peremptory period, it shall not be deemed that the party is responsible for any reason for not being responsible. In addition, whether the party was present and present at the date for pleading, whether the party was notified of the date for pleading after the date for pleading at which the
(see, e.g., Supreme Court Decision 2014Da211886, Oct. 30, 2014). In fact, the following facts are apparent or obvious to this court.
On September 20, 2012, the Plaintiff filed the instant lawsuit against the Defendant. On September 26, 2012, the Defendant received a duplicate of the instant complaint from the first instance court, which was directly received from the Defendant’s home, from the Seo-gu Daejeon E7 Dong 706.
The defendant has filed the complaint of this case.