1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Article 173(1) of the Civil Procedure Act provides, “Where 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 his/her duty within two weeks from the date on which such cause ceases to exist.” In this context, the term “reasons not attributable to the party” refers to the grounds for not complying with the period, even though the party had exercised generally required care to conduct the litigation,. In cases where documents cannot be served by means of ordinary means during the proceeding of litigation and served by public notice, a document cannot be served by means of public notice is ordinarily going against, and thus, the party is obliged to investigate the progress of the lawsuit from the beginning. Thus, if the party fails to investigate the progress of the lawsuit and fails to observe the peremptory period due to any cause not attributable to him/her, and such obligation is not attributable to the party’s failure to observe the peremptory period, and whether he/she was present at the date of pleading and present at the date of pleading, whether he/she received the notice at the date of pleading, or whether he/she was

(1) According to the records, the first instance court served a duplicate of the instant complaint on October 10, 2013 on the part of the Defendant’s address (see, e.g., Supreme Court Decisions 97Da50152, Oct. 2, 1998; 2012Da44730, Oct. 11, 2012). The record reveals that the Defendant received a duplicate of the instant complaint at the above address on October 10, 2013. The Defendant submitted a written reply that specifically addresses the Plaintiff’s claim on October 16, 2013; the first instance court intended to designate a date for pleading on March 14, 2014 and deliver a written notice of the date for pleading to the above address on the date for pleading, but it was impossible to serve as a closed door on January 28, 2014.