1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

We examine the legality of the appeal of this case.

1. The following facts are significant in this Court:

On July 16, 2013, the procedure for demanding the payment order lawfully delivered by the Defendant in the instant case claiming return of unjust enrichment against the Defendant, which was brought by the Plaintiff against the Defendant on July 16, 2013, was implemented as a claim for return of unjust enrichment by 2013da38599. During the litigation procedure in question, the participating officer of the first instance court, who was not served on the Defendant with the third notification of the date of pleading as the addressee known, sent the said notification by registered mail. On October 15, 2014, the said notification was sent only to the Plaintiff at the date of pleading on October 13, 2014, and the pleadings were concluded after the date when the Defendant was absent, and on November 12, 2014, the court of first instance declared the judgment accepting the Plaintiff’s claim by the Plaintiff.

As the above participants are not served on the defendant due to the addressee's unknown whereabouts, the above participants served the original copy of the judgment by means of service by public notice upon the order of the presiding judge of the first instance court on November 19, 2014, and reached the defendant on December 4, 2014, and the above judgment became final and conclusive on December 18, 2014.

B. The Defendant did not report to the court of first instance the change of address or a new place to be served until the said judgment was rendered, and filed the instant appeal on July 6, 2015 after 14 days from the date of arrival of the original copy of the said judgment.

2. Determination

A. Article 173(1) of the Civil Procedure Act provides that “Any reason for which a party cannot be held liable” refers to a reason why the party could not comply with the period despite the party’s exercise of generally required care for conducting litigation. In a case where the documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the case where the first delivery of a copy of a complaint was conducted by public notice from the delivery of a copy of the complaint to the case where the lawsuit was conducted by public notice is different from the