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 facts under the following basic facts are remarkable or obvious in records to this court:

On January 25, 2005, the Plaintiff filed a lawsuit of this case against the Defendant for the payment of loans of KRW 3,600,000 and damages for delay thereof. (2) On March 7, 2005, the court of first instance served the Defendant with a certified copy of the recommendations for performance on the Defendant, and was not served with the addressee known. On June 2, 2005, the Plaintiff ordered service by public notice on June 2, 2005. On the same day, the Plaintiff served the Defendant with a certified copy of the complaint of this case and the notice of the date for pleading by public notice.

3) On July 20, 2005, the court of first instance rendered a judgment in favor of the Plaintiff, and the original copy of the judgment was served on the Defendant by means of service by public notice on July 20, 2005, and the service became effective at the time of July 20, 2005. 4) The Defendant was residing in a foreign country during the first instance trial period from May 19, 2004 to April 1, 2006, and repeated departure and entry several times until he returned to the Republic of Korea on February 4, 2015.

5) On August 25, 2016, the Defendant submitted the instant written appeal for the subsequent completion to the end of August 25, 2016. (B) On April 9, 2010, the Plaintiff filed an application for the registration of the defaulters’ list against the Defendant as the title of execution with the judgment of the first instance court of this case as the title of execution on April 9, 2010.

2) On February 6, 2011, the said court served a duplicate of the application as Gyeonggi-do Co., Ltd, and received it at the domicile of the Defendant D on February 9, 201, and on March 3, 2011, the said court received D’s summons at the same domicile as the date of examination. On March 3, 2011, the said court received D’s order at the above domicile on March 7, 2011. (3) The said court decided to accept the Plaintiff’s application on March 18, 201, and the said copy of the ruling was served as Gyeonggi-do Co., Ltd on March 19, 201, and D received it at the above domicile on March 25, 2011.

2. Determination ex officio as to the legitimacy of the subsequent appeal of this case

(a)in the case of a subsequent appeal;