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. The following facts are apparent in the record or significant in this court:

1) On March 7, 2016, the Plaintiff filed a lawsuit against the Defendant for damages pursuant to the Daegu District Court Decision 2016Da10088, and on May 25, 2016, the Defendant served a duplicate of the instant complaint with the court of first instance on May 27, 2016, and submitted a written answer to the court of first instance on May 27, 2016. (2) On June 13, 2016, the court of first instance served the Defendant with the notice on the date for pleading to the Defendant’s domicile, but did not serve the Defendant’s notice on the date for pleading as “location’s unknown address” pursuant to Article 187 of the Civil Procedure Act on June 17, 2016, deemed that the notice on the date for pleading was served by mail pursuant to Article 189 of the same Act, and on July 14, 2016, the Defendant served the said written statement and the notice submitted to the Defendant’s domicile as the date for pleading, but did not serve the Defendant as the next notice.

3) After that, the court of first instance served the Defendant with a copy of the application for change of the purport of the claim and the cause of the claim submitted by the Plaintiff, and the notice of the date of pleading Nos. 3, 4, and 5 to the Defendant’s domicile as “Teo-gu D apartment, 303 Dong 1001, which is the domicile of the Defendant, and served on the date of pleading following the delivery of the notice to the Defendant to the Defendant who was not served as “defluence”. On the date of pleading Nos. 3 and 4, both the Plaintiff and the Defendant were absent. On the date of pleading No. 5, the court of first instance designated the date of pronouncement as December 1, 2016 when the pleadings were closed after the Defendant was absent from the date of pleading on November 18, 2016. On November 25, 2016, the court of first instance served the notice to the Defendant on the date of adjudication on the changed domicile, and sentenced the Plaintiff on part of December 1, 2016.