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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
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 May 19, 2016, the Plaintiff filed a lawsuit against the Defendant for damages against the Daegu District Court Branch Branch Branch Office 2016Kadan3810. On August 12, 2016, the first instance court served the Defendant’s address, “Ulsannam-gu E apartment 104 Dong 1106 (the Defendant’s address indicated in the Defendant’s receipt form, and each page of the Defendant’s receipt form)” and sent a copy of the complaint and a written guidance for the lawsuit on two occasions, which is the Defendant’s address as indicated in the written complaint, and is not served as a “waste absence” on two occasions. The Defendant visited the post office on July 15:14, 2016 and received it directly and signed the receipt form. 2) On August 12, 2016, the first instance court deemed that the Defendant did not submit a written reply to the Defendant on the date of pleading and sent it to the Defendant on August 18, 2016.
On September 2, 2016, the court of first instance revoked the judgment of non-drawing and served a written notice of the date of pleading on September 2, 2016, when the Plaintiff’s submission of the claim and the written application for modification of the cause of the claim were not served to the Defendant due to “deficial absence” and served the written notice of the date of pleading on the domicile at the same address, and was not served by “the addressee’s unknown number” as above.
3) After that, the court of first instance served on the Defendant as well as the briefs submitted by the Plaintiff to the said address, but served on October 4, 2016 by means of delivery to the Defendant who did not serve as “the addressee’s unknown whereabouts,” and on October 25, 2016, the date of pronouncement was designated as October 25, 2016 when the Defendant was absent and the pleadings are closed. (4) On October 5, 2016, the court of first instance served the Defendant a notice of the sentencing date on the said address, and did not serve as “the addressee’s unknown whereabouts.”