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 proceedings of the instant lawsuit: (a) around March 28, 2017, the Defendant was served with a duplicate of the instant complaint (the Defendant alleged to the effect that he/she was not served with a duplicate of the complaint; (b) however, the written notice of the reason for service stated that “I was placed on the door that he/she is unable to be served with a person who is on his/her own,” and that he/she would be deemed the Defendant himself/herself. According to the foregoing, it may be recognized that the duly served the duplicate of the complaint by means of delivery of custody under Article 186(3) of the Civil Procedure Act; (c) the Defendant did not submit a written reply within 30 days from the date of delivery of the duplicate of the complaint; and (c) the first instance court on May 15, 2017;

5. On June 22, 201, a notice of the date of rendering a judgment without oral argument was served on May 25, 2017, in which case the notice was not served due to the absence of closure, and (4) the first instance court rendered a judgment in favor of the Plaintiffs without oral pleadings pursuant to Article 257 of the Civil Procedure Act on June 7, 2017, and served the original copy of the judgment to the Defendant on June 19, 2017, who was not served due to the absence of closure, and (5) the Defendant was served by public notice on the Defendant on June 19, 2017; and (5) the fact that the Defendant submitted a written appeal for subsequent completion on October 18, 2017, which was after the lapse of two weeks due to the said service by public notice, is clear.

2. Determination on the legitimacy of a subsequent appeal

A. The defendant's assertion is a case where the defendant could not observe the appeal period due to a cause not attributable to the defendant, because he/she was unaware of the fact that the lawsuit is in progress.

B. The legitimacy of the appeal for subsequent completion of the judgment shall be determined based on whether the appellant’s failure to observe the appeal period is due to a cause not attributable to the appellant, and where a copy of the complaint is lawfully served and the litigation document is inevitable by service by public notice due to the impossibility of being served while the lawsuit is pending, it is different from the case of service by public notice from the case of service of the copy of the first complaint.