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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. Whether a subsequent appeal is lawful;
A. On December 7, 2011, the Plaintiff filed the instant lawsuit against the Defendant, and the first instance court served a certified copy of the performance recommendation with “ Jeju-si B” at the Defendant’s address as indicated in the written complaint. The letter of post service stated that “A person living together with the Defendant received the certified copy of the performance recommendation at the Defendant’s address at around 09:50 on December 19, 201.” 2) The Defendant filed an objection against the decision of performance recommendation with the first instance court on December 29, 2011.
3) The first instance court: (a) served a notice on the date for pleading to the Defendant as the domicile of the Defendant; (b) served the notice on June 15, 2012 by mail pursuant to Article 187 of the Civil Procedure Act; and (c) served the Defendant on the date for pleading to the domicile of the Defendant; and (d) later served the notice on the Defendant on the date for pleading to the Defendant pursuant to Article 189 of the same Act; and (c) deemed that the notice was served on the Defendant on July 12, 2012 on the ground that the notice was not served on the Defendant’s domicile; and (d) sentenced the first instance court on July 25, 2012, sentenced the Defendant to the first instance court judgment on July 25, 2012; (c) served the original copy of the judgment to the Defendant at the domicile of the Defendant, but was not served on the grounds of “deficial absence” on August 21, 2012, thereby serving the notice on the Defendant on September 5, 20196.
5) On October 27, 2017, the period for filing an appeal in the judgment of the court of first instance, the Defendant filed an appeal to the effect that the first instance court contests the judgment of the court of first instance. [The fact that there is no dispute over the grounds for recognition, entries in the evidence No. 1 and the purport of the entire pleadings]
B. As long as the original copy of the judgment 1 related legal principles was served by means of service by public notice by order of the presiding judge, even if the requirements are not satisfied, such service becomes effective as a legal service, and thus, the appeal period is excessive.