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. Determination on the legitimacy of a subsequent appeal

(a)The following facts of recognition are apparent or obvious to this Court in the records:

1) On January 6, 2017, the Plaintiff filed the instant lawsuit against the Defendant as Busan District Court 2017Gaso2106. On January 9, 2017, the court of the first instance rendered a decision of performance recommendation. On January 9, 2017, the court of first instance, served a certified copy of the decision of performance recommendation and a written guidance for litigation on January 13, 2017 by the Defendant (spouse) who is the Defendant’s domicile, and submitted a written notice of the date of performance recommendation on January 17, 2017. 2) The court of first instance served the Defendant a written notice of the date of conciliation on January 19, 2017, and the Defendant was absent on the date of conciliation on January 23, 2017 after directly served the notice of the date of performance recommendation on January 23, 2017 at the above address.

3) On March 6, 2017, the court of first instance: (a) served the Defendant a notice of the date of pleading on the said domicile, but not served on the Defendant’s address unknown; (b) on March 13, 2017, the court of first instance sent the notice of the date of pleading on the said date and sent it on the following day; and (c) rendered a judgment in favor of the Plaintiff on April 5, 2017; and (d) served the original copy of the judgment of the first instance on the Defendant’s domicile, but did not serve on the Defendant’s address

Accordingly, on April 17, 2017, the court of first instance served the defendant by public notice on the original copy of the judgment of the court of first instance, and on May 2, 2017, the service became effective.

5 The Defendant submitted the instant written appeal for the subsequent completion on May 23, 2017.

B. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party cannot be held liable” refers to the reason why the party could not comply with the period even though the party had exercised generally due diligence for conducting procedural acts. In a case where a copy, etc. of the complaint is legally served and the lawsuit is not served in a way of service by public notice while it was ordinarily impossible to serve the document by public notice.