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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
1. Determination on the legality of the subsequent appeal
A. Article 173(1) of the Civil Procedure Act provides that "if a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the procedural acts neglected within two weeks from the date on which such cause ceases to exist." In this context, "reasons for which the party cannot be held liable" means the reasons why the party could not observe the period even though he/she has performed the duty of due care to conduct procedural acts, even though he/she had performed the duty
However, in a case where the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, the defendant shall be deemed to have failed to know the service of the judgment without negligence. If the defendant was not aware of the continuation of the lawsuit from the beginning and became aware of such fact only after the original copy of the judgment was served to the defendant by public notice, barring any special circumstance, it shall be deemed that the defendant’s failure to observe the peremptory term of appeal due to any cause not attributable to the defendant.
(See Supreme Court Decision 2005Da27195 Decided November 10, 2005, etc.). B.
According to the records of this case and the facts found in this court, ① the first instance court served the defendant on March 17, 2016 when the plaintiff filed the instant lawsuit, and on April 12, 2016, the service of which was made on the same date and on April 12, 2016, but was not served on the director's unknown and the addressee's unknown whereabouts. ② The court of first instance rendered a judgment in favor of the plaintiff on July 5, 2016 after serving the defendant with a copy of the complaint, notice on the date of pleading, etc. by public notice, and served the original copy of the judgment by public notice; ③ the defendant is also served on the original copy of the judgment by public notice; ③ the Busan District Court based on the judgment of November 14, 2016, which became final and conclusive.