1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

The following facts are significant or obvious to this court in terms of records:

On November 23, 2017, the Plaintiff filed the instant lawsuit against the Defendant. The first instance court sent a duplicate of the instant complaint to Dobong-gu Seoul Metropolitan Government D, the Defendant’s main office, but did not serve due to the addressee’s unknown address, but sent it to Nowon-gu, Seoul Special Metropolitan City, the Defendant’s joint representative E address, but did not serve as a closed door.

Accordingly, the first instance court sent the defendant's other joint representative G to H at Yang-si, the domicile of the defendant, and on December 14, 2017, I, the spouse of G, was served with a copy of the complaint in this case.

The defendant did not submit a written answer to the first instance court within thirty days from then thirty days.

Accordingly, the first instance court sent a notice of the sentencing date to the defendant, and on January 23, 2018, the notice of the sentencing date was sent to the defendant G co-representative G himself.

On February 9, 2018, the first instance court sentenced to the judgment accepting the Plaintiff’s claim on February 9, 2018, sent the original copy of the first instance judgment to the Defendant’s domicile on February 12, 2018, but did not serve the original copy of the first instance judgment on the Defendant’s domicile, and served the original copy of the first instance judgment by public notice on March 8, 2018.

On April 17, 2018, the Defendant submitted the instant written appeal to the first instance court.

The main text of Article 173(1) of the Civil Procedure Act provides, “If a party is unable to comply with the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting it within two weeks from the date such cause ceases to exist.”

The phrase “reasons for which a party cannot be held responsible” refers to reasons why the party could not observe the period even though the party had exercised a general duty to conduct the procedural acts, and service by public notice is impossible due to the fact that the document of lawsuit cannot be served by ordinary means during the process of the lawsuit.