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.The following facts of recognition shall be apparent in the records or significant to this Court:

On August 31, 2007, the Plaintiff filed the instant lawsuit against the Defendant, and on September 5, 2007, the Defendant received a duplicate of the instant complaint from “Yeo-si E (hereinafter omitted)”, a domicile of the Defendant, through “Yeo-si E (hereinafter omitted).

B. The Defendant did not submit a written response within 30 days from the date of receiving the duplicate of the instant complaint, and the first instance court sent the notice of the sentencing date (non-drawing) to the Defendant’s address as the Defendant’s address, but served the said document by means of delivery, as long as it was not served due to the absence of closure.

C. The defendant submitted a written application to the first instance court on November 13, 2007, and the first instance court revoked the date for sentencing without pleading and opened the date for pleading on December 6, 2007.

The defendant was not present on the above date for pleading, and a duplicate, etc. of the briefs sent by the first instance court was not served on the ground of the absence of closure.

E. On April 3, 2008, the first instance court concluded the pleadings, and designated the sentencing date as April 17, 2008.

F. On April 7, 2008, the defendant received a notice of the sentencing date directly at the address above.

G. On April 17, 2008, the first instance court rendered a favorable judgment of the Plaintiff, and sent the original copy of the first instance judgment to the Defendant’s address. However, on April 30, 2008, the service was made on April 30, 2008 by means of public notice, and on May 15, 2008, the service became effective.

H. On April 17, 2018, the Defendant submitted the instant written appeal for the subsequent completion to the two weeks from the date of entry into force.

2. Determination on the legitimacy of a subsequent appeal

A. Article 173(1) of the Civil Procedure Act of the relevant legal doctrine provides that “Any reason for which a party cannot be held liable” refers to the reason why a party could not comply with the period even though the party fulfilled his/her duty of care to conduct the litigation.