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. Whether the defendant's subsequent appeal is lawful

(a) The following facts of recognition do not conflict between the parties, or are significant in this Court:

1) On August 7, 2019, the Plaintiff filed the instant lawsuit against the Defendant. On August 14, 2019, the duplicate of the instant complaint was served to the Defendant’s head office, “Incheon M building and the sixth floor Nho (hereinafter “Defendant’s domicile”), and the Plaintiff received the general affairs of the Defendant. On November 14, 2019, the notice on the date of pleading as of the date of pleading as of November 14, 2019 was served to the Defendant’s domicile, and the Plaintiff received the general affairs of the Defendant. (2) On November 14, 2019, the first instance court sent the notice on the date of pleading as of November 14, 2019, and closed the pleadings while the Defendant was absent, closed the proceedings on November 5, 2019, and sent it on November 25, 2019.

3) On December 5, 2019, the first instance court rendered a judgment in favor of the Plaintiff (i.e., the judgment in favor of the Plaintiff). On December 6, 2019, the original copy of the judgment was served to the Defendant’s domicile on December 6, 2019, but the service of the original copy of the judgment was also impossible due to the addressee’s unknownness, service by public notice was served on December 24, 2019, and the service by public notice became effective on January 8, 2020. Meanwhile, the Defendant submitted to the first instance court the subsequent appeal on February 11, 2020, which was 14 days after the date the service by public notice of the judgment became effective.

B. The defendant's assertion was not served with the notice of the date of sentencing and the original copy of the judgment at the time of the trial of the first instance, and the fact that the judgment of the first instance was pronounced was later known on February 5, 2020, and submitted a written appeal for subsequent completion within 14 days thereafter. This constitutes that the defendant was unable to observe the period of appeal due to a cause not attributable to the defendant, and thus, the defendant's appeal for subsequent completion is lawful.

C. When a recipient of service has not been present at the place of service for judgment 1, such person shall be deemed as an office worker, employee, or cohabitant.