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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1.The following facts of recognition are apparent or obvious to this Court:
On February 2, 2015, the Plaintiff filed the instant lawsuit claiming for the payment of KRW 45 million and delay damages against the Defendant on August 2, 2016, by asserting that he/she received KRW 45 million from C, the claim for the refund of the lease deposit against the Defendant, and on April 21, 2015, notified the Defendant of the transfer of the claim.
B. The first instance court served all litigation documents, including a duplicate of the complaint of this case, by means of public notice, since the service of litigation documents, including a copy of the complaint of this case, a notice on the date of pleading, and a notice on the date of sentencing, was not performed properly.
C. On November 10, 2016, the first instance court rendered the first date for pleading while the Defendant was absent, closed the pleading, and served the original copy of the judgment on November 24, 2016 by means of service by public notice. On November 25, 2016, the service of the original copy of the judgment became effective on November 26, 2016. The first instance judgment became final and conclusive on December 10, 2016.
On February 23, 2017, the Defendant perused and copied the records of this case and issued the authentic copy of the judgment of the first instance, but thereafter filed an appeal for the subsequent completion on April 5, 2017, after the lapse of at least one month from the time.
2. Whether the subsequent appeal of this case is lawful
A. Article 173(1) of the Civil Procedure Act provides that "if a party is unable to comply with the peremptory period due to any cause not attributable to him, he may supplement the litigation in his negligence within two weeks from the date on which such cause ceases to exist," and "where the first instance judgment was served by public notice, the time when the cause ceases to exist" under Article 173(1) of the Civil Procedure Act means the time when the defendant was not simply known of the fact that the judgment was rendered, but the judgment was served by public notice.