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 as to the legitimacy of the subsequent appeal of this case

(a) The following facts, of the recognition, are apparent in, or obvious to, a record:

1) On February 20, 2017, the Plaintiff filed a loan claim lawsuit against the Defendant with the Busan District Court (Dasan District Court 2017 Ghana513316), and the Defendant’s address “Seoul Northern-gu C apartment, 101 Dong 1403 (hereinafter “instant address”).

2) On March 10, 2017, the first instance court served a certified copy of the decision on performance recommendation and a litigation guide to the address of this case, and the Defendant’s mother D directly received them.

3) Accordingly, on March 24, 2017, the Defendant submitted a written objection against the decision on performance recommendation to the first instance court. (4) The first instance court served the Defendant a written notice of the date of pleading to the above address, but sent it to the said address without being served as a closed door.

On May 10, 2017, the first instance court declared that the defendant did not submit a written response and did not appear on the date of the first day of pleading in the process of May 10, 2017.

4) On May 15, 2017, the first instance court served the original copy of the judgment on the Defendant, but did not serve as a closed door, and on June 7, 2017, served the Defendant by means of service by public notice and served the service on the Defendant on June 22, 2017. (5) On August 7, 2017, the Defendant submitted the instant final appeal to the first instance court.

B. 1) As long as the original copy of the judgment is served by public notice according to the order of the presiding judge, even if it fails to meet the requirements, such service is valid, and the above judgment becomes formally final and conclusive with the lapse of the appeal period. The propriety of the subsequent appeal against the above judgment ought to be separately determined by separately determining whether the failure to observe the appeal period due to any cause for which the appellant is not responsible (see, e.g., Supreme Court Decision 2001Da30339, Jul. 27, 2001). The subsequent completion of procedural acts stipulated in Article 173(1) of the Civil Procedure Act is the subsequent completion of procedural acts.