Text
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the legitimacy of the subsequent appeal of this case
(a) Service of documents in a civil lawsuit is, in principle, delivered by a certified copy or duplicate of the documents to the person to be served (Article 178(1) of the Civil Procedure Act) and, if the person to be served is not present at the place of service outside the work place, service may be made by delivering the documents to the person with mental capability to make reasonable judgment, such as the person with the live-in, etc.
(Article 186(1) of the Civil Procedure Act. The term "shared person" refers to a person who actually belongs to the same household as the person to be served and lives together with the person to be served.
(see, e.g., Supreme Court Order 200Ma5732, Oct. 28, 2000). Meanwhile, the main text of Article 173(1) of the Civil Procedure Act provides, “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 in his/her negligence within two weeks from the date on which such cause ceases to exist,” and “reasons not attributable to the party” here refers to cases where the party fails to comply with the relevant period, even though he/she performed his/her general duty of care to conduct procedural acts, even though he/she performed such duty.
In addition, the term “the date when a cause ceases to exist” refers to the time when a party or legal representative becomes aware of the fact that the judgment was delivered by public notice, rather than the time when the party or legal representative becomes aware of the fact that the judgment was delivered by public notice. Barring any other special circumstances, it shall be deemed that the party or legal representative becomes aware of the fact that the judgment was delivered by public notice only when the party or legal representative
(See Supreme Court Decisions 99Da9622 Decided June 11, 1999; 2010Da7504, 75051 Decided January 10, 2013, etc. (see, e.g., Supreme Court Decisions 9Da7504, 75051).
Judgment
each entry of the evidence of heading 5 through 9 (including the number of each branch).