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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
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 January 5, 2015, the Plaintiff filed the instant lawsuit. The court of first instance, on the part of the Defendant’s resident registration abstract submitted by the Plaintiff, served the copy of the instant complaint in the manner of special delivery by execution officer, and the Defendant’s husband C received it at his domicile on March 5, 2015. (2) On March 30, 2015, the Defendant submitted a summary summary dispute mediation document to the court of first instance disputing the Plaintiff’s claim of this case to the court of first instance.
3) The court of first instance designated the first date for pleading as the date for pleading on June 3, 2015, and served the Defendant a notice of the date for pleading on the said date to the address indicated in Paragraph 1 (1). However, when the service was impossible due to the absence of closure, the service by registered mail was conducted, and on June 3, 2015, the date for pleading, such as making a statement in the summary dispute conciliation document submitted by the Defendant on May 13, 2014, when the Defendant was absent.
4) After that, the court of first instance: (a) designated the date for pleading of the second and third parties and served each notice of the date for pleading to the Defendant at each of the addresses indicated in Paragraph (1) above; (b) however, as a result of the failure to serve on the Defendant by reason of the absence of each closed text, the delivery by registered mail was carried out; (c) the pleading was concluded on the date for pleading of the third party while the Defendant was absent; and (d) designated on October 16, 2015 the date for
5) The court of first instance served a written notice of the pronouncement date on the Defendant at the address indicated in the above Paragraph 1, but when the recipient was missing, service by registered mail was not possible, the court rendered a judgment on October 16, 2015, and 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 missing, the court of first instance rendered the judgment on October 26, 2015.