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 a subsequent appeal is lawful;

A. On August 11, 2016, the Plaintiff filed the instant lawsuit against the Defendant. 2) On August 18, 2016, the first instance court served a duplicate of the complaint, etc. to the Defendant’s address on each of the following dates: (a) on August 18, 2016 and September 9, 2016, the duplicate, etc. was not served as “closed absence”; (b) on October 12, 2016, the duplicate, etc. was served to the same address via an execution officer; (c) was not served as “closed absence”; (d) was sent to the Defendant’s address as Seoul Yongsan-gu and the third floor, the Defendant’s domicile as corrected by the Plaintiff on January 16, 2017, but was not served as “closed absence”; (e) was served by public notice pursuant to an order of service by publication under Article 194 of the Civil Procedure Act; and (e) was served by notice from around that time to July 12, 2017.

3) On August 16, 2017, the first instance court served the original of the judgment by public notice, and served the original of the judgment on August 17, 2017 pursuant to Article 196 of the Civil Procedure Act. (4) The Defendant filed an appeal to the first instance court to the effect that the service of the original of the judgment was effective against the Defendant on August 17, 2017. (3) The period of appeal by the first instance court should reach the first instance court on April 20, 2018.

[Ground of recognition] Facts without dispute, obvious facts in records, and purport of the whole pleadings

B. Article 173(1) of the Civil Procedure Act provides that "if a party is unable to observe the peremptory period due to any cause not attributable to him, he may supplement the litigation in his negligence within two weeks from the date on which such cause ceases to exist," and "where the first instance judgment was served by public notice, the time when the cause ceases to exist" under Article 173(1) of the Civil Procedure Act means the time when the defendant was not simply aware of the fact that the judgment was rendered, but the fact that the judgment was served by public notice was served by public notice. In ordinary cases, the defendant is ordinarily liable.