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. According to the records, the following facts are recognized.

A. On November 12, 2014, the Plaintiff filed the instant lawsuit against the Defendant.

B. On February 24, 2015, the court of first instance issued an order by public notice to the Defendant by the Defendant, and served a copy of the instant complaint, the date of pleading, and the notice of date of pronouncement by public notice

However, when the written reply in the name of the defendant to the effect that the plaintiff's claim is denied on May 8, 2015, the court of first instance concluded that the said written reply was resumed, and that the said written reply was presented on the date of second pleading.

C. On July 2, 2015, the court of first instance rendered a judgment that fully accepts the Plaintiff’s claim, and served the Defendant by publication on July 6, 2015.

On July 20, 2015, the court of first instance submitted a petition of appeal under the name of the defendant to the court of first instance. Accordingly, on October 1, 2015, the appellate court (Seoul District Court 2015Na53571, hereinafter “previous case”) filed the grounds of appeal under the name of the defendant.

E. The Defendant had been absent twice on the date of the first and third pleadings in the previous case.

F. On March 21, 2016, the Defendant’s legal representative had submitted an application for designation of the date and a letter of delegation of litigation in the previous case, and resigned on April 12, 2016.

G. On April 29, 2016, the Defendant was absent on the fourth day for pleading of the previous case, and the previous case was terminated as the withdrawal of appeal on the same day.

2. Whether a subsequent appeal is lawful;

A. Although the withdrawal of an appeal was made by failing to file a petition of appeal three times on the previous date for pleading of the judgment of the first instance of this case, which was arbitrarily notified by the defendant to the defendant, but the previous case is null and void by arbitrarily accepting the defendant's name and filing a petition of appeal.

Therefore, the defendant filed a subsequent petition of appeal within two weeks from the date on which the judgment of the court of first instance became known to the effect that the appeal was filed.

B. The pronouncement and service of judgment 1.