1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. On October 2014, the Plaintiff was awarded a subcontract for reinforced concrete construction works among the new construction works in the Dong-gu Seoul Special Metropolitan City D Housing Construction Works that the Defendant ordered C to complete around October 2014.

On the other hand, the plaintiff was awarded an additional subcontract for retaining wall construction from the defendant during the process of the above construction.

(B) Under the following, the above reinforced concrete construction and retaining wall construction (hereinafter “instant construction”). The Plaintiff was paid KRW 50 million as construction cost from the Defendant.

[Ground of recognition] Facts without dispute, entry of Eul evidence 1-1, purport of the whole pleadings

2. If a copy of a complaint, an original copy, etc. of the judgment were served by means of service by public notice, barring any special circumstance, the defendant was unaware of the service of the judgment without negligence. In such a case, the defendant falls under a case where the peremptory term is unable to be observed due to a cause not attributable to him/her and thus, the defendant is entitled to file an appeal for subsequent completion within two weeks after such cause ceases to exist. "after the cause ceases to exist." "after the cause ceases to exist" refers not to the case where the party or legal representative does not know of the fact that the judgment was served by public notice, but to the case where the party or legal representative knew of the fact that the judgment was served by means of service by public notice, barring any other special circumstance, it shall be deemed that the party or legal representative becomes aware of

(See Supreme Court Decision 2004Da8005 Decided February 24, 2006). The court of first instance shall serve the defendant with a copy of the complaint of this case and notice of the date for pleading, etc. by public notice, and shall proceed with pleadings. On December 16, 2015, the court of first instance shall pronounce a judgment accepting the plaintiff's claim on December 16, 2015, and the original copy of the judgment shall also be served on the defendant by public notice on December 18, 2015, and the defendant shall peruse the records of this case on March 7, 2016.