1. The defendant's appeal and the plaintiff's successor's application for intervention are all dismissed.

2. After an appeal is filed.

1. The following facts may be acknowledged in light of the following facts: there is no dispute between the parties; it is apparent in the records; or the whole purport of the arguments in Gap evidence 1 to 3.

On March 19, 2007, the Plaintiff filed the instant lawsuit against the Defendant. On April 2, 2007, the court of first instance served the Defendant with a certified copy of the decision on performance recommendation, and on this, the Defendant submitted a written objection on April 9, 2007.

B. The court of first instance served the plaintiff's written brief on April 24, 2007 on the defendant, and the defendant's living spouse was served on May 3, 2007, but the written document was served on the defendant's living together on May 3, 2007, but later served on October 9, 2007, when the notice on the date of pleading was not served on the addressee's unknown address, and served on the notice by means of dispatch and delivery.

C. On October 11, 2007, the court of first instance rendered a judgment ordering the payment of loans equivalent to the amount stated in the purport of the claim (hereinafter “instant bonds”) on October 25, 2007 after the Defendant was absent, and served the original copy of the judgment on November 19, 2007 by means of public notice, in order to serve the original copy of the judgment as the Defendant’s domicile but is not served due to the addressee’s unknown address. Accordingly, the judgment of the first instance became final and conclusive on December 16, 2007.

On June 30, 2009, the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff (hereinafter “ Intervenor”) and notified the Defendant of the assignment of the said claim on September 18, 2017.

E. On May 2, 2017, the Defendant filed an appeal to supplement the instant case. On September 22, 2017, the Intervenor filed an application to resume the litigation on the ground that he/she is the assignee of the instant claim.

2. Determination on the legitimacy of a subsequent appeal

A. The main text of Article 173(1) of the Civil Procedure Act provides that “If a party was unable to observe the peremptory term due to any cause not attributable to him/her, two weeks from the date on which such cause ceases to exist.