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. Facts of recognition;

A. On April 2, 2015, the Plaintiff filed the instant lawsuit, and indicated the Defendant’s address in the complaint as “Da Apartment-si and 105 Dong 1801”.

The duplicate of the above complaint was not served as a closed door absence, and the plaintiff revised the defendant's address to "Hanam-si E", but did not serve as a closed door absence.

B. On August 5, 2015, the Defendant: (a) determined “F” and “Seoul Northern-gu G, Daegu-gu, in the service place and the service place; and (b) submitted “the service place and the service receiving person report”; and (c) on August 10, 2015, the instant warden served as the service place and signed by F as the service receiving person.

Since then, a copy of the preparatory document or notice of the date of pleading was served to the above place.

C. On July 26, 2016, the first instance court rendered a judgment that fully accepts the Plaintiff’s claim.

On August 8, 2016, the first instance court ordered the defendant to serve the original copy of the judgment of the first instance on three occasions to the above address, but not served as a "closed absence" and ordered the defendant to serve the original copy of the judgment by public notice. Accordingly, the first instance court ordered the defendant to serve the original copy of the judgment by public notice.

8. 23. On September 6, 2016, the first instance judgment against the Defendant became final and conclusive on September 6, 2016.

On September 12, 2016, the defendant submitted a subsequent petition of appeal to the first instance court.

[Ground of recognition] Facts without dispute, significant facts in this court, purport of the whole pleadings

2. Determination on the legitimacy of the Defendant’s appeal for the subsequent completion of the appeal

A. Article 173(1) of the Civil Procedure Act of the relevant legal doctrine refers to a reason why a party is unable to comply with the period even though the party fulfilled his/her duty of care to conduct litigation. In cases where documents of lawsuit cannot be served by means of ordinary means during the process of litigation and served by public notice, the first delivery of a copy of the complaint was served by public notice.