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 following facts may be acknowledged in full view of the records of this case and the purport of the whole pleadings:

On September 4, 2017, the Plaintiff filed a lawsuit against the Defendant and UND Co., Ltd. seeking the return of union membership fees, and the first instance court said that the copy, etc. of the complaint is the “the delivery address of this case” of Ulsan-gu E and 2th or lower, the Defendant’s domicile.

On September 13, 2017, K, which was the president of the defendant partnership, received it directly on September 13, 2017.

B. The first instance court: (a) deemed that the Defendant failed to submit a written response and deemed that the Defendant led to a confession of the cause of the claim; and (b) designated the sentencing date without holding any pleadings, and sent the sentence date notice to the Defendant, but is not sent by the addressee

C. On November 19, 2017, the first instance court rendered a judgment in favor of the Plaintiff, and sent the original copy of the judgment to the instant address, but was not served in the addressee’s unknown address, on December 8, 2017, ordered the Defendant to serve by public notice, and on December 23, 2017, the service by public notice became effective.

Meanwhile, from December 23, 2017, the Defendant filed an appeal to the instant case on June 11, 2018 where the 14th day of the appeal period elapsed.

2. Determination on the legitimacy of a subsequent appeal

A. Service on the relevant regulations and legal principles must be made by the representative, and service on the representative shall be made at his domicile, residence, business place, or office. The business place or office of the representative is also the domicile of the legal entity. Thus, service may be made at the location of the principal office of the legal entity.

(See Articles 64, 179, and 183 of the Civil Procedure Act. Meanwhile, “reasons for which a party cannot be held liable” under Article 173(1) of the Civil Procedure Act refers to the grounds for failure to comply with the period despite the party’s due care to conduct procedural acts.