1. The appeal by the counterclaim defendant shall be dismissed;

2. The costs of appeal shall be borne by the counterclaim Defendant.

Purport of claim and appeal

1..

1. The opposing defendant asserts to the effect that the period of appeal cannot be observed due to any cause not attributable to himself/herself, as he/she did not reside at his/her domicile while moving the place of work in the instant lawsuit, service by public notice at the first instance court at which he/she did not know of it.

On July 9, 2013, after the judgment of the first instance was rendered by the counterclaim Defendant, the counterclaim Defendant filed a lawsuit identical to the instant principal lawsuit with Suwon District Court Decision 2013Da214273, Jul. 9, 2013. On the other hand, the counterclaim Defendant asserted to the effect that the instant appeal is unlawful, since the counterclaim Defendant’s assertion was accompanied by the instant judgment of the first instance as evidence while opposing the counterclaim Defendant’s assertion.

2. Determination

A. Facts of recognition 1) On September 28, 2012, the counterclaim Defendant filed the instant principal suit with the court under the Seocho-gu Seoul Seocho-gu Seoul High Court Order 2012Da267319, and received the first notice of the date for pleading on November 5, 2012 at the address above. 2) On December 3, 2012, the counterclaim Defendant was absent on the first date for pleading on December 3, 2012, and the second date for pleading on January 14, 2013, and submitted the written application for designating the date for pleading on February 7, 2013. In that process, the counterclaim Defendant received the written reply and counterclaim, and each written notice of the date for pleading at the address above.

3) On March 12, 2013, the counterclaim Defendant was absent on the third day for pleading, and the main lawsuit was withdrawn, and the sentencing date was designated on March 26, 2013 after the pleadings were concluded, following the closure of the proceedings for counterclaim only. 4) The court of first instance sentenced the judgment on March 26, 2013, and subsequently the counterclaim Defendant was unable to receive the original copy of the judgment due to the absence of the closed text at the address.

4. 11. Service by publication was ordered, and the result thereof was ordered;

4. 26. Service by public notice became effective.

5) On June 27, 2014, the counterclaim Defendant submitted the instant written appeal for the instant subsequent completion only when it reaches the point of June 27, 2014.

(b) judgment;