1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On September 14, 2015, the Plaintiff filed a lawsuit against the Defendant for the payment of medical expenses due to side effects of sexual surgery (Yancheon District Court Branch Decision 2015Gaso31441) and stated the Plaintiff’s address in the complaint as “Yancheon-gu Seoul Special Metropolitan City C Apartment 126 Dong203, 203.”

B. On October 12, 2015, the court of first instance filed an objection against the Defendant’s decision of performance recommendation, and on October 12, 2015, the court of first instance served the Plaintiff with a copy of the objection and reply to the said address.

C. On May 24, 2016, the court of first instance served the notice of the date for pleading to the Plaintiff’s above address, but was not served due to the absence of a closed door and the addressee’s unknown address, and notified the Plaintiff by the method of delivery, as the record does not show any other address of the Plaintiff.

On June 16, 2016, the court of first instance, when the plaintiff was not present at the date of first pleading, ordered the plaintiff to make a statement of the complaint submitted by the plaintiff, and ordered the defendant to make a statement of objection and written response, and designated the date of second pleading as June 30, 2016.

E. On June 16, 2016, the court of first instance rendered a judgment against the Plaintiff on June 16, 2016, by serving a notice of the date for pleading at the Plaintiff’s above address, but serving the notice by sending the notice to the Plaintiff who is not served again due to the absence of closure. On June 30, 2016, the court concluded the pleading and rendered

F. The court of first instance also served the original copy of the judgment on July 20, 2016, and served the original copy of the judgment on August 4, 2016, although the original copy of the judgment was not served by the addressee as well as by the addressee’s unknown address.

G. On October 5, 2016, the Plaintiff submitted a written appeal for subsequent completion against the judgment of the first instance court, for which the period of appeal has lapsed.

[Ground for recognition] Unsatisfy, substantial facts in this court

2. Determination on the legitimacy of a subsequent appeal

A. Relevant regulations and Article 185 of the Civil Procedure Act provide that “When the parties, etc. alter the place where the service was served, the parties, etc. shall immediately report the purport thereof to the court, and such report has not been filed.