1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

We examine the legitimacy of the appeal filed by the defendant.

1. Facts of recognition;

A. On September 21, 2015, the Plaintiff filed the instant lawsuit against the Defendant.

On October 12, 2015, the first instance court served a duplicate of the complaint of this case as the defendant's domicile, and served a copy of the complaint of this case on the same address as the defendant's absence of the recipient, and served a copy of the complaint of this case again to the same address, and on December 16, 2015, the defendant's fraud G residing in the defendant's domicile was served with the copy of the complaint of this case as the defendant's recipient column.

B. Since the first instance court failed to serve the defendant properly due to the absence of a closed text, the first instance court sent the notice of the date of pleading, purport of the claim, application for change of the cause of claim, notification of the sentencing date, etc. by registered mail.

C. On June 24, 2016, the first instance court closed the pleadings without the Defendant’s appearance, and rendered a favorable judgment on June 24, 2016, and served the original copy of the judgment with the Defendant’s domicile.

However, on July 4, 2016, the delivery to the defendant was not made due to the absence of the recipient, and on the 12th of the same month, the first instance court served the defendant an original copy of the judgment by public notice, and the service became effective on the 27th of the same month.

On September 30, 2016, the defendant submitted a written appeal to the first instance judgment.

[Reasons for recognition] Clear or non-contentious facts, the purport of the whole pleadings

2. The Defendant’s assertion that the Defendant: (a) served a duplicate of the instant complaint on December 16, 2015; (b) was in his/her country of departure from Korea; (c) G did not have the ability to receive service because he/she did not know about the Korean culture and system; and (d) the Defendant did not hear whether the instant suit was in progress from G; and (c) accordingly, the instant subsequent appeal filed within two weeks from the date the Defendant became aware of the fact that the first instance judgment was pronounced.

3. On the legitimacy of a subsequent appeal