1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Facts below the basis of facts are significant or obvious in records in this Court.

On January 16, 2017, the Plaintiff filed the instant lawsuit against the Defendant claiming payment of KRW 13,972,102 of the goods price.

The first instance court served a copy of the complaint as "Seobuk-gu C Building and D, Seoan-gu, Seoan-gu, and the defendant directly received on March 20, 2017.

The first instance court served the notification of the date of pleading, the application for change of the cause of claim, the application for correction of indication of the party, and the application for modification of the purport of the claim against the defendant as the address indicated in the preceding B, but served each of the above documents by the method of delivery, when it is impossible to serve due to

On September 5, 2017, the first instance court sentenced the first instance court that accepted the Plaintiff’s claim on September 5, 2017 after the Defendant was absent.

The first instance court served the defendant with the original copy of the judgment as the domicile mentioned in the above B B, but it was impossible to serve the original copy due to the absence of closure, and served the defendant with the original copy by public notice in accordance with the order of the

The defendant submitted a petition of appeal subsequent to the first instance court on March 16, 2018, which was after the period of appeal expires.

The defendant asserted the legality of the subsequent appeal was served with a copy of the complaint at the domicile of the defendant, but it was not served with other documents related to the lawsuit because he was engaged in his occupation, and he was unaware of the fact that the judgment of the court of first instance was pronounced on March 9, 2018, and filed an appeal for subsequent completion.

Therefore, the defendant's appeal to correct the appeal period is legitimate because it is due to a cause not attributable to the defendant.

Judgment

Article 173(1) of the Civil Procedure Act provides that "a party cannot be held liable" refers to a party's reasons why he could not observe the period even though the party had exercised a general duty to do the act of litigation.