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. Determination on the legitimacy of the appeal of this case

(a)The following facts of recognition are apparent in, or obvious to, the record:

1) On August 18, 2015, without stating the Defendant’s address in the instant complaint, the Plaintiff filed a lawsuit claiming the price of the instant goods on August 18, 2015. On August 20, 2015, according to the first instance court’s order to rectify the address, the Plaintiff revised the Defendant’s address to “Masan-gun C (hereinafter “C”)’s address.” (2) The first instance court served a duplicate of the complaint to the instant address, and on October 22, 2015, the Defendant’s employee D (hereinafter “D”).

3) On December 4, 2015, the first instance court served a notice of the sentencing date to the instant address as the Defendant did not submit a written response. The said notice was directly received by the Defendant on December 10, 2015, and the Defendant submitted a written response on December 15, 2015. (4) The first instance court served the notice of the date of pleading and a duplicate of the briefs to the instant address, and received it by the Defendant himself or D respectively, and the Defendant was present at the date of pleading 1, 6, and 7.

5) On February 16, 2017, the first instance court served a notice of sentencing to the instant address, and received D on February 16, 2017, and rendered a judgment accepting the Plaintiff’s claim on March 8, 2017, but the Defendant did not appear on the date of sentencing. 6) The first instance court served the original copy of the judgment to the instant address, and received D on March 31, 2017.

7) On April 15, 2017, the Defendant submitted the instant petition of appeal. B. If a person to receive the service is not present at the place to be served with judgment, the service may be made by delivering the document to his/her clerk, employee, or cohabitant who is man of intelligence to make a change in the judgment (Article 186(1) of the Civil Procedure Act, and the appellant shall file an appeal within two weeks from the date when the original copy of the judgment was served with the peremptory term, unless there are special circumstances, such as the service of the original copy of the judgment of the first instance.