1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. First of all, the judgment of the court of first instance on the legitimacy of the appeal of subsequent completion, and the court of first instance on October 19, 2005, served a copy of a complaint on the defendant as the defendant's address as the defendant's address, but it was impossible to serve a copy of a complaint on May 26, 2005, and served as the defendant's representative director's address as AP Q Q on July 15, 2005, and served a copy of the above AP to AP on July 13, 2005. However, the court of first instance served the application for amendment of the purport of appeal on October 13, 2005 to AS, which is the address prior to the change of the above AP's address, and served the original copy to the above AP at the time prior to the change of the date of pleading order, notice of date of pleading, and notice of pronouncement to AP on October 19, 2005, the court of first instance on the date of service was changed to the above AP address.

Meanwhile, in full view of the statements in subparagraph 2-1 of the evidence No. 2-1 and the purport of the whole pleadings in the testimony of the witness AR, the above AP transferred from May 23, 2005 to A Q Q Q in the net city, which is the home address of the above AR, but it was impossible to hear the opinion that the above AP was served with the above AR because it was impossible to graduate from an elementary school in the old (39 years) and did not hear the opinion that it was served with the above AR, which was left in the real world, around May 17, 2007, and it can be acknowledged that the plaintiff was aware of the fact that the judgment of the first instance court became final and conclusive by filing the lawsuit against the defendant.

Thus, it is recognized that the defendant was unable to observe the peremptory appeal period, because he was unaware of the progress and result of the lawsuit in this case due to a cause not attributable to himself, and the appeal in this case was filed by the defendant in the first instance.