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

Purport of claim and appeal

1..

A. On August 4, 2017, the Plaintiff filed the instant lawsuit against the Defendant. On August 21, 2017, the Defendant was served by a person living together with P, who was served a copy of the complaint in Incheon Jung-gu Q building, and in R, a copy of the complaint and a written guidance for litigation.

B. The defendant did not submit a written answer within 30 days from the date of receipt of the duplicate of the complaint.

On September 22, 2017, the court of first instance rendered a judgment in favor of the plaintiff on October 18, 2017, following the service of the document by means of dispatch on October 10, 2017, in which the document was sent to the defendant's domicile, but the document was not served due to the absence of closure.

C. On October 18, 2017, the court of first instance sent an authentic copy of the judgment of the first instance to the Defendant’s address, but did not serve on the Defendant for reasons of closure, and served it on October 31, 2017 by means of public notice, and on November 15, 2017, the above service by public notice became effective.

On April 12, 2018, the defendant submitted a petition of appeal to the court of first instance on April 12, 2018.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, significant facts in this court, the purport of the whole pleadings

2. Article 173(1) of the Civil Procedure Act of the judgment on the legality of an appeal for subsequent completion refers to the grounds for which the parties could not comply with the period, even though the parties fulfilled their duty of care for the commission of the pertinent lawsuit. In a case where documents of lawsuit cannot be served by means of ordinary means during the course of litigation and served by public notice, the delivery of a copy of the complaint from the beginning is different from the case where the lawsuit was served by public notice, and thus, the parties are obliged to investigate the progress of the lawsuit. Thus, if the parties failed to investigate the progress of the lawsuit and fails to abide by the peremptory period, it is attributable to the party’s failure to comply with the peremptory period.