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 a subsequent appeal

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

1) On January 6, 2016, the Plaintiff filed the instant lawsuit against the Defendant. On January 7, 2016, the first instance court served a duplicate, etc. of the complaint to the Defendant as “Gu-SiJ” but did not serve due to the absence of closure. 2) The first instance court ordered the Plaintiff to rectify the address. On January 26, 2016, the Plaintiff revised the Defendant’s address to “Gu-si K Apartment and 101 Dong 1403, which is the Defendant’s resident registration address.”

3) The first instance court served a duplicate, etc. of the complaint as the above revised address, and received L, a female employee of the Defendant, as a cohabitant on January 30, 2016. 4) The first instance court decided to declare a judgment without pleading pursuant to Article 257 of the Civil Procedure Act upon the Defendant’s failure to submit a written response even after the lapse of 30 days from the date. On March 21, 2016, the notice of the sentencing date was served on the above address but was not served due to the absence of a closed text, and was served on March 30, 2016.

5) On April 7, 2016, the first instance court rendered a judgment in favor of the Plaintiff while the Defendant was absent on the date of sentencing. On April 1, 2016, and April 20, 2016, the first instance court intended to serve the original of the judgment to the Defendant on two occasions on April 11, 2016 and April 20, 2016, but the service of the original of the judgment became impossible due to the absence of closure, the first instance court served the original of the judgment by public notice on May 2, 2016 and served the service thereof on May 17, 2016. 6) accordingly, the first instance judgment was deemed to have become final and conclusive on May 31, 2016. After that, the Defendant thereafter submitted the instant final appeal to the first instance court only on July 4, 2016.

B. If the original copy, etc. of the judgment was served by means of service by public notice, barring any special circumstance, the Defendant shall be deemed to have failed to know the service of the judgment without negligence. In such a case, barring any special circumstance.