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 an appeal

A. On March 29, 2017, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 420,00,000 out of the price of KRW 1,500,000 under the share transfer contract concluded on October 21, 2013 with the court of first instance; the court of first instance served the duplicate of the complaint on March 31, 2017 as “Yepo-gu E, 101, 202,” which is the Defendant’s domicile on the Defendant’s resident registration; the Defendant’s mother received as a cohabitant on April 3, 2017 at the delivery place; the first instance court served the Defendant’s father G, who was the Defendant’s father at the same place on May 29, 2017, received the original copy of the petition at the court of first instance on June 1, 2017; and the Defendant received it as a live person on July 27, 2017.

B. The defendant's assertion that the defendant resided together with son at the time of serving the original copy of the judgment of the court of first instance. The service of the original copy of the judgment of the court of first instance to G, who is the father of the defendant living in Pohang, was made not by lawful service place but by a person living together with son at a place other than by legitimate service place. Therefore, the defendant's appeal

Even if the service of the original copy of the judgment of the court of first instance is lawful, the defendant failed to observe the period of appeal due to reasons not attributable to the defendant.

C. (1) Determination is based on the principle of delivery under the Civil Procedure Act at the address, residence, place of business, or office of a person to whom the delivery is to be made. Here, an address refers, in principle, to the place which serves as the basis of living, but is stipulated in Article 21 of the Civil