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. Basic facts

A. On September 15, 2009, the Defendant was sentenced to a suspended sentence of one year in April, 200, for the criminal facts that deceiving the Plaintiff and acquired pecuniary benefits equivalent to KRW 17,000,000 by deceiving the Plaintiff at the Busan District Court. The judgment was finalized on December 9, 2010.

B. The duplicate of the instant complaint claiming against the Defendant for damages KRW 17,00,000 and damages for delay was served on July 24, 2018 by C, a child of the Defendant, at the Defendant’s domicile.

C. The Defendant did not submit a written reply within 30 days, and the court of first instance served the Defendant a notice of the date of pleading on August 21, 2018, as the Defendant did not serve the notice of the date of pleading, but did not serve the notice due to the absence of closure.

On September 19, 2018, the court of first instance rendered a judgment in favor of the plaintiff, such as the purport of the above claim, on the same day, when the defendant was absent.

E. On October 1, 2018, the court of first instance attempted to serve the original copy of the judgment of the first instance on the Defendant’s domicile, but did not go through due to the absence of closure, and on October 17, 2018, the service of the original copy of the judgment by public notice became effective on November 1, 2018.

F. On November 28, 2018, the Defendant submitted the instant written appeal for the subsequent completion.

[Grounds for recognition] The substantial facts in this Court and the purport of the whole pleading

2. Determination on the legitimacy of a subsequent appeal

A. The Defendant alleged that he had been residing in the Section due to illness in the past, but was unable to receive a duplicate of the instant complaint from the Defendant’s children, and thus, the Defendant could not know at all the process of the instant lawsuit and its proceeding. Since the Defendant became aware of the existence of the instant lawsuit only on November 15, 2018, the following day after the judgment of the first instance court became final and conclusive, the instant appeal filed within two weeks from the above day is legitimate appeal.

(b) The determination service is rendered at the domicile, residence, place of business, or office of the person to be served.

(Article 183(1) of the Civil Procedure Act).