1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Determination on the legitimacy of a subsequent appeal

A. The Plaintiff filed the instant lawsuit on October 16, 2017, and the instant warden was served on the Defendants’ domicile on October 20, 2017. (2) Defendant B appeared on the date of pleading of the first instance court No. 3, 4, and 5, respectively, and the pleadings were concluded at the fifth date of pleading, and the date of sentencing was notified.

3) On November 9, 2018, the court of first instance rendered a judgment in favor of the Plaintiff on November 9, 2018, in which the service of each service method was rendered due to the impossibility of being served on the date of pleading and the date of pronouncement with respect to Defendant C. On December 25, 2018, the said judgment was sent to the Defendants on November 19, 2018, but was not served due to the absence of each closed text, and on December 25, 2018, the service of the said judgment became effective at the time of service by public notice on December 25, 2018.

[Reasons for Recognition] Cleared Facts in the record, the purport of the whole pleading

B. According to Article 173(1) of the Civil Procedure Act, where a party is unable to comply with the peremptory period due to a cause not attributable to him/her, he/she may subsequently complete the procedural acts within two weeks from the date on which such cause ceases to exist. The phrase “reasons for which the party cannot be held liable” under the said provision refers to the grounds for failure to comply with the period despite the party’s due care to perform the procedural acts. In cases where documents of lawsuit cannot be served in a usual way during the process of litigation and served by service by public notice are ordinarily impossible, and where the documents of lawsuit cannot be served in a usual way during the process of litigation, the first delivery of a copy of the complaint to the case where the lawsuit was served by public notice is different from the case where the lawsuit was served by public notice, and thus, the party is obligated to investigate the progress of the lawsuit. Thus, if the party fails to comply with the peremptory period due to a cause not attributable to him/her.