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. Determination on the legitimacy of a subsequent appeal

(a) The following facts are apparent in, or obvious to, a record:

1) On March 9, 2017, the Plaintiff filed the instant lawsuit with the first instance court. On April 17, 2017, the first instance court served the Defendant with the recommendations on performance, but was not served as a closed door, and accordingly, served the Defendant’s work site by enforcement officer as “Dno-gu, Chang-gu, Chang-gu, Chang-si,” and received a certified copy of the said recommendations on performance recommendation and a written guidance for litigation on May 30, 2017. 2) The Defendant filed an objection against the final decision on performance recommendation with the first instance court on June 12, 2017.

3) On August 9, 2017, the first instance court rendered a judgment in favor of the Plaintiff on September 25, 2017 by serving a written notice of the date for pleading at the Defendant’s above address but is not served as a closed door absence, and thereafter serving as the date for pleading on September 25, 2017. (4) On September 27, 2017, the first instance court served the original copy of the judgment to the Defendant at the above address, but is not served as a closed door absence, and on November 7, 2017, served the original copy of the judgment by public notice, and the said service by public notice became effective on November 22, 2017.

5) On December 19, 2017, after the 14-day appeal period from the date of service of the original copy of the judgment, the Defendant filed an appeal for subsequent completion on December 19, 2017, which was 14 days after the date of service of the original copy of the judgment. (B) Article 185 of the Civil Procedure Act provides, “When the parties, etc. alter the place of service, the parties, etc. shall immediately report the purport thereof to the court, and the documents to be served to the person who did not report may be served at the place of service where the documents

In addition, Article 173(1) of the Civil Procedure Act provides that "a party cannot be held liable" refers to a party's reason for not complying with the period, even though the party had exercised a duty of care to conduct the procedural acts, and is ordinarily in the process of the lawsuit.