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) Facts under the recognition are significant or obvious in the records of this Court;

1) On September 21, 2015, the Plaintiff filed a lawsuit against the Defendant for the claim for the collection of the instant amount under the Gangnam Branch Branch of the Chuncheon District Court 2015Kadan24177. 2) The duplicate of the instant claim was served to the Defendant’s domicile, which is the Defendant’s domicile, and was not served as the director’s unknown. Since then, it was served to the Defendant’s domicile, “T, 104 Dong 1602”, which is the Defendant’s representative director, and received it on October 15, 2015.

3) However, the Defendant did not submit a written response. On November 19, 2015, the first instance court sent a written notice of the ruling of non-satisfy to the address of the above representative director, but the mailman visiteds three times from November 23, 2015 to November 25, 2015, and was not served as a closed door, while the mailman visited at the address of the above representative director three times. On November 27, 2015, the notice of the ruling date for non-satisfy proceedings was sent to the Plaintiff on November 27, 2015, and the notice was sent to the Defendant on no-satisfy proceedings (on December 16, 2015), and thereafter, the first instance court ordered the Defendant to serve the original copy of the judgment by public notice on January 7, 2016, and ordered the Defendant to have the effect of service by public notice at the time when the original copy was not served twice due to a closed door.

5 The defendant received the original copy of the judgment on May 26, 2016 and submitted a subsequent petition of appeal to the court of first instance on the same day.

B. Article 173(1) of the Civil Procedure Act of the relevant legal doctrine refers to “reasons for which a party cannot be held liable” refers to reasons why the party could not observe the period even though the party fulfilled his/her duty of care to conduct litigation. In the event a document of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the first complaint shall be filed.