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. The legality of a subsequent appeal;

A. The summary of the Defendant’s assertion was known to have become final and conclusive by the court of first instance, and thus, the Defendant failed to receive the authentic copy of the judgment of the court of first instance, which became final and conclusive at the construction site, thereby serving the original copy by publication.

As a result, the Defendant became aware of the fact that the judgment was rendered only after inspecting the records of this case on December 13, 2017, and thus, the instant subsequent appeal is lawful as it constitutes a case where the Defendant failed to observe the period of appeal due to a cause not attributable to the Defendant.

B. Determination