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 May 18, 2018, the Plaintiff filed the instant lawsuit against the Defendant with the court of first instance. On May 23, 2018, the court of first instance served the Defendant’s main office, as the building, building C, and D, Nam-gu Incheon Metropolitan City, which is the location of the Defendant’s main office. At that place, E received a duplicate of the complaint, etc. expressed as the head of the Defendant’s general affairs.

B. The court of first instance, where the Defendant did not submit a written reply, etc. after the date of pronouncement, sent a notice to the Defendant at the same address, but the service report was submitted, which was impossible to serve, and the service report was written as “other (representative)”.

Accordingly, the court of the first instance served the notice of the above date to the same address by means of delivery.

C. The court of first instance sent the original copy of the judgment of the court of first instance to the Defendant after rendering a judgment of the court of first instance, but the service report was submitted, which was impossible to serve, and the service report was also indicated as “other (representative resignation)” due to impossibility.

On November 8, 2018, the court of first instance served the Defendant with an authentic copy of the judgment of the first instance by public notice, and on November 23, 2018, the service became effective.

At the time of serving a duplicate of the instant complaint, F and G, the debtor of the Plaintiff, were the co-representative of the Defendant. Of them, F resigned on June 20, 2018, and H took office in the Defendant’s co-representative on the same day. On July 3, 2018, G resigned from office and the joint representative director system was abolished, and it was the Defendant’s representative at the time of serving the original copy of the first instance judgment.

E. On January 28, 2019, the Defendant submitted the instant written appeal to the instant court.

[Reasons for Recognition] The substantial facts in this Court, Eul evidence No. 3, the purport of the whole pleadings

2. Whether a subsequent appeal is lawful;

A. Where the original copy of the judgment was served on the Defendant by public notice, barring any special circumstance, the Defendant becomes aware of the service of the judgment without negligence.