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. The facts under the underlying facts are significant or obvious in records to this court.

On October 31, 2014, the Plaintiff filed the instant lawsuit against the Defendant, and the Defendant directly served the duplicate of the instant complaint on November 19, 2014, and submitted a written response on December 17, 2014.

B. On January 8, 2015, the court of first instance sent a notice of the first date for pleading to the Defendant, but is not served as a closed door absence, and on January 23, 2015, sent the said notice to the Defendant.

Furthermore, on February 3, 2015, the court of first instance sent the notice to the Defendant on the second date for pleading but did not serve as a closed door, and sent the said notice on February 17, 2015.

C. On March 10, 2015, the court of first instance sent a notice of the sentencing date to the Defendant on March 10, 2015, but the notice also was not served due to the absence of a closed door, and on March 26, 2015, sent the said notice.

On March 31, 2015, the court of first instance rendered a judgment accepting a part of the Plaintiff’s claim. On April 9, 2015, the court sent the original copy of the judgment to the Defendant on April 9, 2015, but is not served due to a closed absence, and on April 21, 2015, served the original copy by service by public notice, and the service became effective at May 70, 2015.

2. Determination on the legitimacy of a subsequent appeal

A. The plaintiff asserts that the appeal of this case is unlawful, since the defendant was negligent in finding facts that the judgment of the court of first instance was pronounced, or the defendant intentionally refused to receive the original of the judgment in order to delay the proceedings of the lawsuit.

B. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to the reason why the party could not comply with the period even though the party fulfilled his/her duty of care to conduct the procedural acts.

In addition, if the document of lawsuit is not served while the lawsuit is pending and it is inevitable to serve by public notice, it shall be from the beginning.