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 the appeal subsequent to the subsequent completion of this case

A. Article 173(1) of the Civil Procedure Act provides, “Any reason for which a party is not liable” refers to the reason why the party is unable to comply with the period, even though he/she fulfilled his/her duty to act in the course of litigation. In cases where documents of litigation cannot be served by means of ordinary means during the process of litigation and served by public notice, the parties are obliged to investigate the progress of the lawsuit by public notice from the first delivery of a copy of the complaint to the case where the lawsuit was served by public notice. Thus, if the parties fail to investigate the progress of the lawsuit and fails to comply with the peremptory period due to the failure to investigate the progress of the lawsuit, it shall not be deemed that the parties are attributable to any reason for not being responsible, and such obligation is to be borne, regardless of whether the parties appeared and present at the date for pleading, whether the parties were notified of the date for pleading

(Supreme Court Decision 2012Da44730 Decided October 11, 2012, and Supreme Court Decision 2014Da211886 Decided October 30, 2014, etc.) B.

Facts of recognition

The following facts shall be apparent in the records or obvious to this court:

1) On March 3, 2016, the Plaintiff filed the instant lawsuit against the Defendant. The first instance court served a duplicate of the instant complaint and a written guidance for litigation, etc. on the Defendant’s address, “Seoul Apartment, 108 Dong Dong 1206, which is the Defendant’s address, as indicated in the Plaintiff’s complaint, but is not served due to the absence of closure. However, on April 11, 2016, the Defendant was directly served with a copy of the instant complaint at the above address by night service by an execution officer. (2) The Defendant was served with a duplicate of the written complaint, and did not submit a written response within 30 days, even if it was served with

Accordingly, the first instance court shall be held on June 201, 201 without holding any pleadings pursuant to Articles 257(1) and 258(1) of the Civil Procedure Act.