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 defense prior to the merits

A. The plaintiff was unable to serve the original copy of the judgment of the court of first instance due to a cause attributable to the defendant, and the defendant's appeal of this case is unlawful.

(b) The following facts are clear in records:

1) On February 28, 2014, the Plaintiff filed the instant lawsuit, and the court of first instance served the copy of the instant complaint by mail to “ Pyeongtaek-si G,” which is the Defendant’s address as indicated in the instant complaint, and the Defendant’s workplace employees H received the instant complaint on March 10, 2014. (2) On May 13, 2014, the Defendant submitted a written answer to the court of first instance disputing the Plaintiff’s claim.

3) The court of first instance designated the first date for pleading as 10:10 on July 9, 2014, and served the Defendant a notice of the date for pleading to the address indicated in the foregoing paragraph (1). However, when the Defendant was unable to serve due to an addressee’s unknown whereabouts, the service by registered mail was conducted, and the date for pleading was followed, such as making a statement of the response on May 13, 2014, submitted by the Defendant, while the Defendant was absent on July 9, 2014, and designating the second date for pleading as 14:40 on July 23, 2014.

4) The court of first instance: (a) served the Defendant a notice of the date of second pleading on the date of pleading as indicated in the foregoing paragraph 1; (b) served the notice by registered mail as the recipient was unknown; (c) served the notice by registered mail on July 9, 2014; and (d) served a pleading in the absence of the Defendant; and (e) designated the date of sentence on September 3, 2014.

5) The court of first instance served a written notice on the date of pronouncement to the Defendant at the address indicated in the above Paragraph 1, but the service by registered mail was impossible due to the addressee’s unknown address, and rendered a judgment on September 3, 2014. The original copy of the judgment of the court of first instance was sent to the address indicated in the above Paragraph 1, but the recipient was unable to serve, and the original copy of the judgment of the court of first instance was sent by service by public notice on September 16, 2014, and on October 2, 2014, the service was effective.