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. The following facts are significant in this Court:

1) On April 18, 2017, the Plaintiff filed the instant lawsuit against the Defendant seeking reimbursement of KRW 18,450,000 for agreed amount and delay damages therefor, and the instant lawsuit against the Defendant. (2) On May 12, 2017, the first instance court issued a certified copy of the instant complaint to the Defendant on May 12, 2017, but was unable to serve with the Defendant due to the absence of the text, issued an order to rectify the address to the Plaintiff, and the Plaintiff did not change the address after the Defendant’s director, and the Plaintiff corrected the place of delivery to the Seoul and the second floor “the Seoul and the second floor in North Korea, where the Defendant’s business was located.”

3) On May 25, 2017, the court of first instance sent a certified copy of the decision on performance recommendation attached to the copy of the instant complaint pursuant to the above amendment to the Defendant, and the Defendant received a certified copy of the decision on performance recommendation from the enforcement officer on May 31, 2017, and submitted a written objection regarding the decision on performance recommendation on June 14, 2017. (4) The court of first instance sent the notice of performance recommendation to the above service place on September 8, 2017. However, the court of first instance, on September 18, 2017, sent the notice of performance recommendation to the above service place. However, when the delivery is impossible due to the absence of a written notification, the “delivery” by registered mail was sent on September 18, 2017,

5) On November 3, 2017, the court of first instance rendered a favorable judgment against the Plaintiff. The original of the judgment also became impossible to serve the original of the judgment due to the absence of closure, and on December 19, 2017, the original of the judgment was “Service by Public Notice.” 6) The Defendant submitted the instant written appeal to the court of first instance on February 19, 2018, after two weeks have elapsed from January 3, 2018 when the service of the original judgment by public notice became effective.

B. The summary of the defendant's assertion was under way of voluntary auction on the real estate located at the defendant's domicile, and the defendant was unable to reside at his domicile and was unable to receive the documents of lawsuit. The court of first instance did not know at all that the judgment was pronounced.

The defendant shall pay the amount quoted in the judgment of the first instance from the plaintiff.