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 summary of the Plaintiff’s assertion was awarded a contract from November 2012 to December 12, 2012 for construction work equivalent to KRW 2,1370,00 in total, including indoor construction work of a golf driving range in Changwon-si C in Changwon-si, Changwon-si, and completed the construction work.

On the other hand, the Plaintiff received KRW 5 million from the Defendant on November 14, 2011. As such, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost (=20,1370,000 won - 5 million won) and damages for delay.

2. Whether a subsequent appeal is lawful;

(a)The following facts of recognition are apparent or obvious to this Court in the records:

(1) On March 12, 2015, the Plaintiff filed the instant lawsuit claiming the payment of construction cost against the Defendant.

On June 26, 2015, the court of the first instance sent a copy of the complaint, the litigation guide, etc. by mail, which is the defendant's domicile, to "Gimhae apartment, 104 Dong 1804, the address of the defendant, but was not served as a closed door on July 1, 2015.

B. On July 14, 2015, the court of first instance sent the copy of the complaint, the guide of lawsuit, etc. to the above address by the execution officer’s service method, and the Defendant directly received them on July 16, 2015. In the instant litigation procedure, the Defendant received the documents, etc. submitted by the Plaintiff and submitted the preparatory documents, etc.

The court of first instance after the date of pleading 6 was designated on April 6, 2016 by the court of first instance, and served on the said domicile by mail, and received it on March 16, 2016 by the Defendant’s spouse.

On April 27, 2016, the court of first instance concluded the pleading while the defendant was present at the date of the sixth pleading, and designated the sentencing date as 09:50 on April 27, 2016, and notified the defendant thereof.

Applicant On April 27, 2016, the court of first instance rendered a judgment in favor of the Plaintiff on April 27, 2016, and then sent the original copy to the domicile above the address but the recipient was unable to serve the original copy due to his/her unknown address, the service of the original copy of the judgment by service by public notice on May 13, 2016 shall be effective as of May 28, 2016