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 - The following facts concerning the defendant's appeal are apparent in the records or significant to this court:

Upon filing the instant lawsuit on June 27, 2013, the Plaintiff stated the Defendant’s address as “Yansan-gu N 508 Dong 202, Seosan-gu N. 502,” and the Defendant directly received copies of the instant complaint at the address on July 11, 2013.

B. On July 29, 2015, the first instance court served a notice of the date of pleading on July 29, 2015, at the Defendant’s address, but the said document was not served due to the “director’s unknown” on August 4, 2015, and the first instance court served the said notice of the date of pleading by registered mail on August 19, 2015.

C. The first instance court served a new notice of change at the above address, but the said document was not served on September 1, 2015 due to the director’s unknown, and the subsequent notice of the date of pleading, a duplicate of the preparatory document, and a notice of the sentencing date thereafter, were not served as the director’s unknown.

On September 15, 2015 and October 1, 2015, the first instance court sent the notice of the date of pleading, documentary evidence, and the notice of the sentencing date by registered mail. D.

On October 16, 2015, the first instance court issued an order of service by public notice as of November 2, 2015, when the Defendant was not present at the date of pleading on one occasion and the Defendant was deemed to have led to the confession of the Plaintiff’s assertion under Articles 208(3)2 and 150(3) of the Civil Procedure Act. On October 21, 2015, the first instance court rendered a judgment of the first instance court that received the Plaintiff’s claim against the Defendant, and served the authentic copy of the judgment on October 21, 2015, but on October 26, 2015, it was impossible to serve due to the director’s unknown address, and the service by public notice became effective as of November 20, 2015.

E. The Defendant submitted a petition of appeal to the first instance court on January 11, 2016, when the period for filing an appeal expires.

2. Determination on the legitimacy of the appeal

A. Article 173 of the Civil Procedure Act provides a subsequent supplement of litigation acts as stipulated in the main sentence of paragraph (1) of the same Article.