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. 1) On April 7, 2015, the Plaintiff filed a claim against the Defendant for the payment of KRW 6,066,100 for the goods price and the delay damages (hereinafter “instant lawsuit”).

(2) On July 17, 2015, the first instance court served a duplicate of the instant complaint and a written guidance of lawsuit as “Masan-si C,” which is the Defendant’s domicile, on July 23, 2015, and the Defendant received this on July 23, 2015, and the Defendant submitted a written response to the first instance court on August 26, 2015.

3) On October 2, 2015, the first instance court served a notice to the Defendant on the date of first instance on which the notice was sent to the Defendant at the address above. While the Defendant directly received it on October 6, 2015, the Defendant did not appear on the date of first instance trial. On November 19, 2015, the Defendant served a notice to the Defendant on the date of second instance as the said address. On November 23, 2015, the first instance court sent the notice to the Defendant on March 10, 2016, on which the Defendant directly received it on November 23, 2015 and did not appear on the date of second instance trial. (iv) On March 10, 2016, the first instance court served the notice to the Defendant on March 10, 2016, which was sent to the said address, but was not served due to an addressee’s unknown address.

5) On April 6, 2016, the first instance court rendered a judgment in favor of the Plaintiff, and served the original copy of the judgment to the Defendant on April 11, 2016, and served the said original copy on April 21, 2016, which was not served by mail due to the absence of closure. 6) The Defendant submitted a petition of appeal to the Defendant on May 31, 2016, which was subsequent to the lapse of two weeks from May 10, 2016 when the service by public notice became effective to the Defendant.

[Ground of recognition] Facts without dispute, obvious facts in records, significant facts in the court, purport of the whole pleadings

B. Determination is examined, and the main text of Article 173(1) of the Civil Procedure Act provides, “If a party is unable to observe the peremptory period due to any cause not attributable to him/her, he/she may supplement the litigation by neglecting it within two weeks from the date such cause ceases to exist.”