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. Facts of recognition;

A. On September 27, 2016, the Plaintiff filed the instant lawsuit against the Defendant, and the first instance court served a copy of the complaint as “Seoul Special Metropolitan City C, 101, the domicile of the Defendant,” and received it by the Defendant himself on December 3, 2016.

On January 12, 2017, the court of first instance, sent a notice of the date of pleading to the address of the defendant, but did not serve as a closed door, and declared a judgment citing the plaintiff's claim on January 12, 2017, which is the first date of pleading.

C. The court of first instance also rendered a disposition by public notice on February 9, 2017, which did not serve the original copy of the judgment as a closed door to the defendant’s address, and served the original copy of the judgment by public notice to the defendant, and the service of the original copy of the judgment to the defendant at the time of 24th of the same month.

On December 5, 2017, the Defendant submitted the instant written appeal to the effect that the period of two weeks’ appeal was far more than the date of service of the original copy of the judgment.

[Ground of recognition] Facts without dispute, entry of evidence No. 2, purport of the whole pleadings

2. Determination on the legitimacy of a subsequent appeal

A. The court of first instance asserted by the Defendant that the notice on the date of pleading against the Defendant was served immediately when it was impossible to serve the notice on the Defendant due to the absence of a closed door, and rendered the notice on the date of pleading on January 12, 2017, which was three days prior to the date of pleading and rendered a final judgment on January 12, 2017. When the original copy of the judgment against the Defendant was impossible to serve due to the absence of a closed door, the court immediately made a decision by public notice without going through the procedure of supplementary service,

Therefore, since the defendant could not comply with the period of appeal due to a cause not attributable to him, the appeal filed by the defendant within two weeks after the original copy of the judgment was actually received is lawful.

B. Determination 1) An appeal shall be filed within two weeks from the date on which the written judgment is served (the main sentence of Article 396(1) of the Civil Procedure Act), and the period is a peremptory term (Article 396(2) of the Civil Procedure Act, provided that the parties are not liable.