The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

1. Determination on the legitimacy of an appeal

A. The Plaintiff’s assertion 1) The Defendant was lawfully served the original copy of the judgment of the first instance on September 21, 2018 through F, who had worked as an employee at the workplace of “E,” which had been registered as a business operator under the name of the Defendant on September 21, 2018. Nevertheless, the Defendant filed the instant appeal with the second week, which is the period for filing an appeal. As such, the Defendant’s appeal is unlawful. (2) The place where the Defendant’s assertion F was served with the original judgment of the first instance is not the Defendant’s address, domicile, business place, or office, but the F is not the Defendant’s office, employee, or a person living together, and thus, the supplementary service of the original judgment of the first instance against

Therefore, since the defendant may file an appeal at any time, the defendant's appeal of this case is legitimate.

B. Relevant provisions and legal principles 1) In principle, service under the Civil Procedure Act ought to be made at the domicile, residence, business office, or office of a person to be served (Article 183(1) of the Civil Procedure Act). Here, an address refers to a place based on his/her living (Article 18(1) of the Civil Act) and a place where a person to be served resides continuously for a large number of years, not to be the basis of his/her living. Moreover, a business office or office refers to an office or business office of a person to be served (see, e.g., Supreme Court Decision 2003Da58959, Nov. 26, 2004). However, when a person to be served is unable to know the place under Article 183(1) of the Civil Procedure Act or is unable to serve at such place, the address, etc. of another person who is employed

2) Service may be made at the place of service (Article 183(2)(2) of the Civil Procedure Act). The service shall be made to the person to be served at the place of service, namely, the party, legal representative, legal representative and reported person.

Provided, That service other than the place of service shall be made.