1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Whether the appeal of this case is lawful

A. As long as the original copy of the judgment has been served by means of service by public notice by the order of the presiding judge, it is inadequate to meet the requirements.

Even if service is valid, the above judgment becomes formally final and conclusive in excess of the appeal period, and the propriety of the appeal for the subsequent completion of the above judgment is determined separately by whether the appeal period is due to a cause not attributable to the appellant. If it is impossible to serve the document of lawsuit in the way the appeal is pending, the party has a duty to investigate the progress of the lawsuit because he knows that the lawsuit has been filed, and thus the party has a duty to investigate the progress of the lawsuit.

Therefore, it is reasonable to deem that there is negligence on finding the fact that the judgment of loss was pronounced in such a case, unless there are special circumstances.

B. (See Supreme Court Decision 2001Da30339 delivered on July 27, 2001).

On October 21, 2014, the Plaintiff filed the instant lawsuit against the Defendant on October 21, 2014, and entered the Defendant’s address in the Changwon District Court Kimhae-si, stating the Defendant’s address as “Seoul apartment first 506.” After the Plaintiff’s duplicate / litigation guide was not served once on November 4, 2014 at the Defendant’s address, the Defendant was served with a duplicate / litigation guide at the above address on the same day. On the same day, the Defendant was served with a copy / litigation guide at the above court at the same address on the same date. On January 15, 2015, the Defendant was also served with a written notification of the date for pleading at the above court. After the judgment was rendered, the original copy of the judgment was served to the Defendant on March 21, 2015, and the Defendant submitted the original copy of the judgment to the court of first instance on March 21, 2015; and the Defendant submitted the record at the first instance court on December 19, 2015.

According to the above facts, a copy of the complaint is filed after the lawsuit of this case was filed.